it hadn't occurred to me that pepe is protected by copyright, kinda fucked up tbh
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Replying to @anthro_and_a_ak @Logo_Daedalus
ok first off, "parody" is a fair use defense. this means the work *is* covered by copyright, but the third party's use is non-infringing
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the onus is on each third party to demonstrate fair use applies in their particular case, and getting sued is expensive even if you can win
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whereas if for whatever a reason a work were not covered by copyright, the creator would not have standing to sue in the first place
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and second, "parody" is using another's work to comment on or criticize the work itself, the permissibility of which is well established
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but "satire" is using the work to comment on something else and is afforded no protection (see campbell v. acuffrose and cases that cite it)
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