Reply To: Glee is the Answer When Questions Are Wrong: That Glee Thing
@sunnytana No, it actually makes Al’s content MORE copyrightable. If the work is considered “fair use,” then the elements unique to that “fair use” instance–new lyrics, new arrangement, etc.–are protected by copyright. The original composition remains copyright-protected for the original owner.
So if you wanted to re-record and release a Weird Al parody, you would need both permission form the original song’s copyright owner, and Weird Al’s permission. (Unless your re-recording would ITSELF be a parody of the Weird Al version)
So even though he doesn’t “need” to for his parodies, Weird Al also gets permission from the original artists so that he gets permission to create a “derivative work” (as described in my earlier post). That way he’s covered both ways; even if a Weird Al version might not be considered a “fair use” parody, he’s still got permission to create the derivative work.
It’s very confusing, I know.
P