FREE TRAINING Two Tickets to Parodize (With Apologies to Eddie Money) How to make sure your parody is legal and effective by Jim Miller | posted February 13, 2008

New ideas are so hard to come by that even saying so isn't new. Several thousand years ago, a wise Israelite king pointed out: "What has been is what will be, and what has been done is what will be done, and there is nothing new under the sun. Is there a thing of which it is said, 'See, this is new'? It has been already in the ages before us." (Eccl 1:9-10 ESV) So it's no surprise that creative churches often borrow ideas from the culture to parody.
Borrowing ideas has been a staple of ministry for as long as I've been involved in it. I used to serve in a parachurch ministry to high-school students that put a high value on connecting to kids with humor. A running joke among the staff and volunteers around the country was, "Originality is forgetting who you stole it from." When the "who" you're forgetting is a fellow servant of Christ who gives freely with no expectation of return, there's no problem. When it is a commercial enterprise with a vested interest in defending its copyright, that's a different issue.
An example of parody
At the same time, we have a responsibility to a higher Judge. Solomon added a qualifier to his "nothing new" axiom: under the sun. As followers of Christ in direct relationship to the Creator of All Things, we're not limited to what is "under the sun." We have the inside connection to beat all connections. The question here is whether parody is the most creative choice after all.
So that's the ticketor two tickets, as the case may be. Always ask yourself these two questions: When is parody right? When is it appropriate? Unfortunately, neither of these questions comes packed with easy answers. They are, by nature and design, squarely in the realm of subjectivity, which means that even if I were a lawyer and a theologian, I couldn't give you a definitive answer. I won't leave you hanging, however. There are some relatively simple guidelines to help define the playing field. If we keep a handle on them, perhaps we can all stay in bounds.
Ticket 1: Copyright
Many people assume copyright is like the speed limit: you're either violating it or you're not, and everyone should know by looking at your actions. While there are indeed actions that are clear violations of copyright law, there is no copyright speedometer to tell you when you've exceeded the bounds. There is a wide swath of grey. Without getting into the gory details of copyright law, you should have at least an introductory understanding of how to stay on the lighter side of grey. (If you like gory details, see the sidebar for a list of references.)
The most important thing to understand is a legal term known as Fair Use. Fair Use isn't something you have to post anywhere or get a permit for. It is a defense you should be able to use if someone sues you. Copyright law is in the civil realm, not the criminal. Bringing suit, therefore, is the only way to settle disputes. Sometimes one person can use copyrighted material without breaking the law while another person is held in violation for doing the exact same thing. It all depends on the purpose. Political and cultural commentary and nonprofit educational purposes are more likely to be considered Fair Use than profit-making purposes. Other factors the courts examine have to do with the work being used: its inherent nature; the portion used; the importance of that portion; and the effect of your use on the original work's value.
So let's bring this into real life. If you are making a video parody of a TV commerciallike Community Christian Church's "Christ-Follower" seriesyou need to keep all of these things in mind. The only original material the "Christ-Follower" series used from the Mac vs. PC commercials was the music. Their use is a different type of worka message for the church vs. a commercial trying to build a brand. The music is arguably not as significant as the video footage, so they really aren't taking much away. Regarding the effect on the market value of the commercials, the parody may actually add value to them. If Apple were inclined to sue for copyright infringement, they wouldn't have much of a basis to do so.
That brings up the second most important thing to understand. Since it is a civil matter, there are no "copyright police" to look for offenders. The copyright holder is solely responsible for defending his or her rights. Since most copyright holders and their agents concentrate their resources on the offenders most likely to take money out of their pockets, the likelihood that they would come after a church is slim. I'm not saying you should take this as a license to do whatever you want. It's just to keep you from having to worry too much. Copyright laws require the holder to take action before bringing suit, which means the most you'll ever see is a cease-and-desist letter from a lawyer. That actually happened to one of my friends who shared an idea with us at Vision Magazine. We both got letters from the copyright holder. It freaked us out a little, but we complied with the holder's wishes and never had a problem again.
One last caution: If you ever decide to sell the videos or graphics you make, be prepared to revisit this issue. Selling your derivative works is a different purpose than using them in your own church, and purpose is the first and most important factor. It probably wouldn't be bad to seek the advice of an intellectual property rights attorney before you put your work up for sale.
Ticket 2: Originality
Please don't misunderstand me on this one. In raising the question as to whether or not parody is the best use of our God-given creativity, I'm not saying you should never use it. Hanging your message on a peg from the popular culture can do a lot to help your unchurched guests receive it. A timely and creative peg every now and then shows your audience that you understand their world, and that's critical.
However, if you do it poorly, you'll get the Altadena Music Teacher effect. Do you remember that Saturday Night Live skit with Will Ferrell and Ana Gasteyer? (Hot mic!) They tried to connect to their students by singing medleys of their music, but they sang it in such a dorky style that it totally undermined what they were trying to do in the first place. How do you avoid this?
First, lead your audience somewhere. Don't have a parody just for the sake of parody. In the parachurch ministry I mentioned, those of us who were amateurs at adding humor to our meetings actually thought that all we had to do was copy Monty Python or Saturday Night Live. It wasn't until I went to a summer camp that was completely devoid of parody that I realized it could even be done. It was one of the most enjoyable weeks of camp I've ever experienced, and we saw a lot of walls break down with the students we brought. The program directors at that camp had used parody in the past, but their goal wasn't to make the best copy; it was to open kids up by making them laugh. Knowing where they were taking the audience gave them a new level of creativity in the first place.
Another way to avoid bad copies is to avoid bad actors. When reviewing a parody, if there is any part of you that thinks, "This is cheesy," you know your audience will think it, too. It's better to have no video than a bad video, no matter how much time you spent on it. If there is any debate among team members, bring in a third party who has nothing invested in the project. In fact, bring in two or three. The only time bad acting is acceptable is when it is clearly intentional.
Finally, no matter how good the copies are, they are still copies. There is always a degree of unoriginality involved with a parody. The pegs are important, but they are like tape on a wrapped present. Too many pieces of tape make it too hard to open the gift. If I trust you to give me something I really want, I'll fight through the tape. If I don't, I might think it's all a cruel prank. Our message is too important to risk treating it as a cruel prank.
Now you've got your two tickets to parodize. Use them wisely, and enjoy the ride!
Jim Miller is a freak about glorifying God through creative and clear communication. After 4 years as the Editor of Vision Magazine (www.VisionOnDemand.net), he was just crazy enough to step into the world of freelance editing and writing. He is also the volunteer media coordinator and communications director at Our Lord's Community Church in Oklahoma City. In his spare time, he is a principal with Overflow, Ltd., a strategic marketing and branding firm in Central Oklahoma.
"Return of the King" parody picture was created by flickr user Bodil S., and is licensed under the Creative Commons Attribution-Share Alike 2.0 License. |