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SBBurzmali t1_j2bd7ky wrote

Reply to comment by AStewartR11 in Does copyright protect characters from being used as a parody? by Hexxegone

You don't need to be an IP lawyer to know that the 1st amendment doesn't protect breaking IP law.

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AStewartR11 t1_j2bdbdr wrote

In the case of parody, it absolutely does. It is true that the fair use doctrine comes into play as a way of deflecting copyright infringement, but it is based upon parody protections in the first amendment.

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SBBurzmali t1_j2bfipo wrote

Nothing in the 1st amendment mentions or protects parody. Fair use is from common law and predates the constitution. In the US, it is part of copyright law.

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