Could use some legal advice (fair use) - Scifi-Meshes.com

CX · 10-10-2007, 06:45 AM

A friend of mine made a pretty good South Park/Star Trek parody called South Trek a few years back (when she was like 14), and apparently Viacom has served her notice today. What can she do? I'm pretty sure that she's covered by Fair Use because it's a parody and she hasn't made a cent off of it, but she's of limited means and could use any and all advice she can get for her defense.

iOSYS · 10-10-2007, 07:02 AM

As I understand it parody is indeed covered by fair use, as a company cannot infringe on a persons right to express an oppinion about a product, just because it is negative. But who knows, maybe they'd argue that its turning people off Trek, and therefore causing them to loose profit?

Someone qualified should probably answer :P

**Andrew March** · 10-10-2007, 07:22 AM

You've pretty much got it, although any lawyer will want more details.

I assume you mean this: SouthTrek

I can see why they want it shut down though.

CX · 10-10-2007, 07:26 AM

Yep, that's it. They had YouTube take it down and she got some kind of cease and desist message from Viacom.

**Tovette** · 10-10-2007, 07:33 AM

does Viacom do star trek or south park? i know paramount does star trek but i'm not sure if it's a parent group of viacom.

CX · 10-10-2007, 07:36 AM

I think Viacom owns both IIRC.

**Tovette** · 10-10-2007, 08:04 AM

i think the reason a desist order was given as beacuse she used the kirk name along with several clearly recognizable scenes from actual south park episodes. I believe she would have had a little more of a chance being ignored if she had created a story that was original and changed the names. I'm not a lawyre at all, so I have no idea if that would have worked but it's just something that I caught when watching the vid.

**Andrew March** · 10-10-2007, 08:06 AM

Yep, by the way it's still on youtube.

Nadesico · 10-10-2007, 09:04 AM

post a DMCA counter-notice, that'll solve hte problem

DMCA Counter notice - Google Search

Aresius · 10-10-2007, 12:03 PM

Yes, and I'd say, she should change the name of the characters. We in Germany have as parody names of Kirk 'Kork' (meaning Cork) and as Spock 'Spuck' (meaning Spit) and so on. I'm sure you in english speaking countries have similiar names, so use them.

10-10-2007, 06:45 AM	#1 (permalink)
CX SFM Guru Join Date: Aug 2006 Age: 26 Posts: 235	Could use some legal advice (fair use) A friend of mine made a pretty good South Park/Star Trek parody called South Trek a few years back (when she was like 14), and apparently Viacom has served her notice today. What can she do? I'm pretty sure that she's covered by Fair Use because it's a parody and she hasn't made a cent off of it, but she's of limited means and could use any and all advice she can get for her defense.
CX SFM Guru Join Date: Aug 2006 Age: 26 Posts: 235	Star Trek: Foundations ENT reimagined Now Playing: 1x13 - "In Memoriam"

10-10-2007, 07:22 AM	#3 (permalink)
Andrew March Newstwattie Join Date: May 2006 Posts: 2,940 Blog Entries: 3	You've pretty much got it, although any lawyer will want more details. I assume you mean this: SouthTrek I can see why they want it shut down though.
	His Wife is a figment, he's married to his right hand, the twat.

10-10-2007, 07:26 AM	#4 (permalink)
CX SFM Guru Join Date: Aug 2006 Age: 26 Posts: 235	Yep, that's it. They had YouTube take it down and she got some kind of cease and desist message from Viacom.
CX SFM Guru Join Date: Aug 2006 Age: 26 Posts: 235	Star Trek: Foundations ENT reimagined Now Playing: 1x13 - "In Memoriam"

10-10-2007, 07:33 AM	#5 (permalink)
Tovette www.projectcosmos.net Total Awards: 1 (more» ...) Realname: Nate Join Date: May 2006 Location: San Diego, CA, USA Age: 31 Posts: 5,631	does Viacom do star trek or south park? i know paramount does star trek but i'm not sure if it's a parent group of viacom.
	www.projectcosmos.net - Tomorrow begins here. www.jacksjournal.com

10-10-2007, 07:36 AM	#6 (permalink)
CX SFM Guru Join Date: Aug 2006 Age: 26 Posts: 235	I think Viacom owns both IIRC.
CX SFM Guru Join Date: Aug 2006 Age: 26 Posts: 235	Star Trek: Foundations ENT reimagined Now Playing: 1x13 - "In Memoriam"

10-10-2007, 07:02 AM	#2 (permalink)
iOSYS SFM Guru Realname: Alex Join Date: May 2006 Location: Vancouver Age: 19 Posts: 495	As I understand it parody is indeed covered by fair use, as a company cannot infringe on a persons right to express an oppinion about a product, just because it is negative. But who knows, maybe they'd argue that its turning people off Trek, and therefore causing them to loose profit? Someone qualified should probably answer :P

10-10-2007, 08:04 AM	#7 (permalink)
Tovette www.projectcosmos.net Total Awards: 1 (more» ...) Realname: Nate Join Date: May 2006 Location: San Diego, CA, USA Age: 31 Posts: 5,631	i think the reason a desist order was given as beacuse she used the kirk name along with several clearly recognizable scenes from actual south park episodes. I believe she would have had a little more of a chance being ignored if she had created a story that was original and changed the names. I'm not a lawyre at all, so I have no idea if that would have worked but it's just something that I caught when watching the vid.
	www.projectcosmos.net - Tomorrow begins here. www.jacksjournal.com Last edited by Tovette; 10-10-2007 at 08:37 AM.

10-10-2007, 08:06 AM	#8 (permalink)
Andrew March Newstwattie Join Date: May 2006 Posts: 2,940 Blog Entries: 3	Yep, by the way it's still on youtube.
	His Wife is a figment, he's married to his right hand, the twat.

10-10-2007, 09:04 AM	#9 (permalink)
Nadesico SFM Obsessed Realname: Matt Join Date: May 2006 Location: Australia Age: 23 Posts: 1,128	post a DMCA counter-notice, that'll solve hte problem DMCA Counter notice - Google Search
	Current WIPS: None 'cause I'm a lazy bastard. "With 5,000,000 models being destroyed a week, who's going to miss another one?"

10-10-2007, 12:03 PM	#10 (permalink)
Aresius SFM Oracle Realname: Alexander Weber Join Date: May 2006 Location: Schatthausen, Germany Age: 22 Posts: 5,647	Yes, and I'd say, she should change the name of the characters. We in Germany have as parody names of Kirk 'Kork' (meaning Cork) and as Spock 'Spuck' (meaning Spit) and so on. I'm sure you in english speaking countries have similiar names, so use them.
	See the Shadows of Darkness, Hear the Scream of Cruelty... That's why I've became a Warrior of Heart, Defend the one you like, Guard the one you love...

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