Eric Grode, The New York Times; ‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright
"The Joker may be the purview of DC Comics, not Marvel, but the fear of running afoul of copyright laws was no less of a concern.
“I kept myself very informed legally in terms of what qualifies as a parody and what fair use really is,” said Drew, referring to the legal doctrine that allows artists to use copyrighted material without permission or consequence depending on the circumstances. The “People’s Joker” poster calls it “A Fair Use Film by Vera Drew.”
Rebecca Tushnet, a professor at Harvard Law School and an expert in fair use, said artistic works find themselves on safer legal ground when they comment on the original material in a transformative way.
“Favored use is critical in that it performs an interpretation,” said Tushnet, who has not seen the film but was willing to discuss it in the abstract. “A parody is the classic example, but it doesn’t have to be funny. If the metaphor that the Joker represents here is a different metaphor, then it might well fall under the category of transformative fair use."”
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