How long till every studio that had made a porn parody gets sued and loses... - Page 2 - GoFuckYourself.com

xxxjay · 03-12-2013, 10:53 PM

Quote:

Originally Posted by mikesouth

There is a HUGE difference

parody and satire ARE protected free speech

what Smash Pictures did was neither...it was an "adaptation" that stuck very close to the books, nothing was parodied or satirized.

THAT is a clear violation and as such Smash was smart to settle...they;'d have been handed their ass.

I disagree. There is a big difference between the kind of "parody" stuff that Larry Flynt used to be able to pull off taking shots at Jerry Falwell and his ilk and what adult has been doing with mainstream movies.

For example...

You say that 50 Shades is a direct ripoff of the book (which I am not familiar with and didn't even know there was more than one of them) and 'Star Wars XXX'?

I was at the premier of it in LA I've never watch the whole thing, but they pretty much copied the plot, characters, storyline, and costumes...If I was a lawyer for Dreamworks, I'd be foaming at the mouth.

How is this any different than the 50 shades thing?

I really have no opinion of this, just adding my...

ReggieDurango · 03-12-2013, 11:16 PM

Quote:

Originally Posted by myjah

I didn't look at your example. Without looking at it, I'd like to pose the question to you that if YOU were the mastermind (and I use that interchangeably with publisher/producer/etc) behind a blockbuster book/film/series/etc...don't you think that anyone who wants to Parody your idea in a porn film OR for that matter an After School Series, should pay you for the rights?

EDIT: I'm speaking about the RIGHT thing to do...not the legal thing.

No, I would welcome the free marketing and the novelty of it all.

Now, again, watch my sample:

SPUNK'D TRAILER

MY question to YOU, Myjah, is after watching this, do you feel I "stole" anything from anyone? Do you feel I owe a % of sales???

Phoenix · 03-12-2013, 11:18 PM

Quote:

Originally Posted by videobunch

I think once a kid gets a hold of something like XXX Smurfs or another title related to kids stories, not only will the org copyright holder sue but the parent in civil court. That is my take. I have talked to several studios and their lawyers have already warned them. Win or loose. Getting sued you loose no matter what just to defend yourself.

This...the only people who win in a lawsuit are the lawyers.

for the most part anyway

AmeliaG · 03-13-2013, 12:21 AM

I am not an attorney, so please don't take this as legal advice:

A settlement is not case law and does not set a precedent.

Far-L · 03-13-2013, 12:22 AM

Quote:

Originally Posted by xxxjay

As much as I hate to agree with you, I agree with you.

If the authors of some soft porn can make that case, imagine what the trademark/copyright holders of Spiderman, Stars Wars, Dukes Of Hazard, and every other mainstream movie that's been given a "not XXX" or "this ain't can do?

The case law is there now.

My maistream friends always asked me "How do they get away with that? How do they not get sued?"

Now I have the answer...

They don't.

Just for the record... an undisclosed settlement means there is no case law precedent. All it means is Universal cost them so much so quickly in fees to fight it that they realized it wasn't worth it and so they settled, end of story.

Far-L · 03-13-2013, 12:23 AM

Quote:

Originally Posted by AmeliaG

I am not an attorney, so please don't take this as legal advice:

A settlement is not case law and does not set a precedent.

oops, beat me to it... that's what I get for being long-winded.

xxxjay · 03-13-2013, 01:06 AM

Quote:

Originally Posted by AmeliaG

I am not an attorney, so please don't take this as legal advice:

A settlement is not case law and does not set a precedent.

That is true. However I'm sure Smash didn't settle because they didn't want to establish case law. They paid because they had to.

Far-L · 03-13-2013, 01:28 AM

Quote:

Originally Posted by xxxjay

That is true. However I'm sure Smash didn't settle because they didn't want to establish case law. They paid because they had to.

Flynt's case seriously lopsided his company for a while too and he was making bank at the time. The next time a similar case landed on his doorstep he settled.

This kind of litigation is very expensive for a result that no matter how good a team of $350 to $1500 an hour legal brains you have working the defense none can provide a certain outcome. Most will settle if pressured to do so.

However, most don't want to sue either because it can either raise more attention than it is worth, there is too little cash to make it worthwhile, or even because they do stand as parody and are not seen as a detriment but a compliment to the original.

Parody porn isn't new nor is it going to go away. I have avoided it since the original Batman porn parody and of course the classic Edward Penishands parody...

Cherry7 · 03-13-2013, 09:26 AM

One reason they don't sue is the so called parodies is that they are so badly done, so unfunny, so un sexy that it would be like the sporty guy kicking a cripple.

They are the successful movie makers they don't need the bad publicity.

Just like suing 12 year olds for making their own Star Wars movie.

ReggieDurango · 03-13-2013, 09:55 AM

Quote:

Originally Posted by Cherry7

One reason they don't sue is the so called parodies is that they are so badly done, so unfunny, so un sexy that it would be like the sporty guy kicking a cripple.

Ok, this is the last time I'll shamelessly post the trailer for our own parody... I might be biased, but I think ours is well done, funny, and sexy!:
Spunk'd Trailer

NaughtyVisions · 03-13-2013, 10:39 AM

Quote:

Originally Posted by ReggieDurango

Ok, this is the last time I'll shamelessly post the trailer for our own parody... I might be biased, but I think ours is well done, funny, and sexy!:
Spunk'd Trailer

Dude, you deserve it. XXXJay pointed out earlier in this thread (on this page) about Star Wars XXX simply inserting sex into the script and calling itself a parody.

Spunk'd is obviously a creative, witty and funny parody that actually pokes fun at the original IP. This, my friends, is how a parody should be done.

Screw all this "This Ain't" and "A XXX Parody" shit that the "big" studios put out. You want to see a REAL porn parody? Check out Spunk'd!

Cherry7 · 03-14-2013, 01:33 AM

Quote:

Originally Posted by ReggieDurango

Ok, this is the last time I'll shamelessly post the trailer for our own parody... I might be biased, but I think ours is well done, funny, and sexy!:
Spunk'd Trailer

You proved my point

tony286 · 03-14-2013, 05:54 AM

I saw the trailer for the taxi driver parody, nothing looked funny about it. It looked like a serious movie with sex in it

The Ghost · 03-14-2013, 09:51 AM

Quote:

Originally Posted by Grapesoda

I have to check the motor to see if the vibrate enough and have a sturdy build... couldn't do that with online stuff

Also to make sure the material isn't bullshit and the real shape and size.

No opinion on the original topic.

xxxjay · 03-14-2013, 11:19 AM

Quote:

Originally Posted by Far-L

Edward Penishands

I haven't thought about that in forever

Robbie · 03-14-2013, 11:28 AM

I'm wondering about porn parodies of PORN!

"This Ain't Brazzers"

"Not Naughty America"

NaughtyVisions · 03-14-2013, 12:59 PM

Quote:

Originally Posted by Robbie

I'm wondering about porn parodies of PORN!

"This Ain't Brazzers"

"Not Naughty America"

You know....

If you actually poke fun at their company, sites or style of their material, then it should be fine. I would love to see it happen, because you know within seconds they'll be bitching and moaning about it.

03-13-2013, 12:21 AM	#54
AmeliaG Too lazy to set a custom title Join Date: Jan 2003 Location: Los Angeles Posts: 10,595	I am not an attorney, so please don't take this as legal advice: A settlement is not case law and does not set a precedent. __________________ GFY Hall of Famer AltStar Hall of Famer Blue Blood's SpookyCash.com Babe photography portfolio

03-13-2013, 09:26 AM	#59
Cherry7 Confirmed User Join Date: Aug 2005 Location: UK Posts: 3,564	One reason they don't sue is the so called parodies is that they are so badly done, so unfunny, so un sexy that it would be like the sporty guy kicking a cripple. They are the successful movie makers they don't need the bad publicity. Just like suing 12 year olds for making their own Star Wars movie. __________________ My Neighbour Butterfly PORN-The Musical The Long Goodbye Cinema Erotique

03-14-2013, 11:28 AM	#66
Robbie Leaner, Meaner, Faster Industry Role: Join Date: Aug 2002 Location: Vegas Posts: 20,959	I'm wondering about porn parodies of PORN! "This Ain't Brazzers" "Not Naughty America" __________________ -Robbie ClaudiaMarie.Com

03-14-2013, 05:54 AM	#63
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	I saw the trailer for the taxi driver parody, nothing looked funny about it. It looked like a serious movie with sex in it