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Changed ost

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2 hours ago, David said:

It's a direct parody/ripoff but South Park never got sued.

What is Fair Use?

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43 minutes ago, Suffolk said:

What is Fair Use?

Sorry I'm confused. Warkudami is a rip off/parody of livin la viva but cannot be written off as fair use even though theres a case where south park ripped off another song without legal reprecussion?

Just curious and not part of the "change back the ost" brigade

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1 minute ago, David said:

Warkudami is a rip off/parody of livin la viva

No, it is not a parody. It is a rip off (or "heavily inspired by", if we want to give them the benefit of the doubt) of a pre-existing work, used without copyright holder's permission. Nor does it outright say "Hey, this is actually a song by Ricky Martin". A rip off is not a parody, by any means. Fair Use allows "any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work". Warudakumi does none of these things. It is not a commentary on the song, it's certainly not a critique and it isn't a parody either. Just because the song itself is light-hearted and fun doesn't make it a parody. Maybe if it included lyrics re-written but heavily reminiscent of Livin' La Vida Loca they might be able to argue it was a parody, but it doesn't, they just took the melody of the song and played about with it a bit.

Note how in your example, they are not only completely rewriting the song's lyrical content for comedic purpose, but also outright name Kanye West. South Park admittedly frequently stretches the bounds of Fair Use, but by doing this they are technically adhering to the criteria. It would be very difficult for ixtl/age's legal teams to be able to pass warudakumi off as anything other than plagiarism, and the legal fees (and potential settlement/licensing fee) they would have to cough up are absolutely not worth it to them.

It is a legal area that you can argue is abused by many content creators, but in this instance it's just unfortunately not something they can argue, as nice as it would be to have the song included in the game. 

 

 

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1 hour ago, Suffolk said:

What is Fair Use?

Are you kidding me right now?

Are we actually using South park and fair use for an argument now?

I really hope most of us know the difference between pastiche and parody and the vast difference between Muv-Luv and South Park..

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18 minutes ago, StormVanguard said:

Are you kidding me right now?

Are we actually using South park and fair use for an argument now?

I really hope most of us know the difference between pastiche and parody and the vast difference between Muv-Luv and South Park..

If that's directed at me then I'd direct you to 2 posts up where i clearly stated that the south park example was made out of curiosity‚ and not as an argument. I don't have a horse in this race.

And you might want to check this out

 https://xkcd.com/1053/

(I've never heard the word pastiche before)

If that's not directed at me however‚ then I'm pretty sure it was a Jeopardy joke.

Edited by David

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Just being sued, regardless of the outcome, costs a lot of money.  Money Degica and ixtl likely don't have or have any interest in spending.  Which was the point, I think.  To provide another example, it's why Harmony Gold USA can still go around claiming they own Macross.  It's because Satelite, Big West, Tatsunoko, or whoever simply does not have the interest or monetary means to take HG USA to court to begin with.

Whether or not the songs could be considered fair use for being a parody in a civil suit is irrelevant.

If you want to blame anyone, blame the lawyers and the garbage copyright law in the US.

Edited by tBanzai

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37 minutes ago, tBanzai said:

Just being sued, regardless of the outcome, costs a lot of money.  Money Degica and ixtl likely don't have or have any interest in spending.  Which was the point, I think.  To provide another example, it's why Harmony Gold USA can still go around claiming they own Macross.  It's because Satelite, Big West, Tatsunoko, or whoever simply does not have the interest or monetary means to take HG USA to court to begin with.

Whether or not the songs could be considered fair use for being a parody in a civil suit is irrelevant.

If you want to blame anyone, blame the lawyers and the garbage copyright law in the US.

I like it better than the ones I see in Asian countries. 

It's not just China, either. Korea. Japan.  Everything is "Fair use" to them.

 

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@Mkilbride actually I should point out that Japan has stricter parody laws than America does to the point there's no such thing as fair use, the law didn't really hit till the late 80s earily 90s.

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18 minutes ago, Light02 said:

@Mkilbride actually I should point out that Japan has stricter parody laws than America does to the point there's no such thing as fair use, the law didn't really hit till the late 80s earily 90s.

You can see this in affect in a lot of 'parody' anime has to ask for permission before they can do the jokes :/ 

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1 hour ago, Light02 said:

@Mkilbride actually I should point out that Japan has stricter parody laws than America does to the point there's no such thing as fair use, the law didn't really hit till the late 80s earily 90s.

And yet, Muv Luv, in Japan, has several parody songs.  They if they tried to bring to the West, they'd get sued for copyright infringement.

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How come Briefing theme is not in the jukebox? For counteroffensive theme, I can't find it on youtube! If you call yourselves Degica/ixtl, then prove it to me by following my recommendations above! Anyone ignore my recommendations or even criticize me is biased against me no offense!

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On 7/18/2016 at 2:28 PM, David said:

If it's any consolidation, the other day I got told that I'm a condescending asshole in response to some feedback/advise I had for some guy. I asked around and sure enough, it turns out everyone thought I was a big time asshole ¬¬. The issue was never with what I said, but rather how I said it. Ever since then I've been double checking my words to make sure I don't accidentally insult someone again. It's a major pain in the ass, but from my experience, it's something that will happen regardless of your intent and the best thing to do is to own up to your mistake (like you did in this thread) and live with it.

 

And since this is related, regarding lawsuits, how can South Park pretty much rip off a popular song without fear of legal action?

For example, this is the original song

And this is the parody which was aired

It's a direct parody/ripoff but South Park never got sued.

 
 

Parodies are generally protected under Fair Use.  The master of Fair Use is Weird Al - but he chooses to ask permission and pay royalties anyway as a courtesy.

Edited by rlranft
clarification

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