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As I sat through an incredibly boring bar review class, slightly hungover, on a saturday morning, I was desperate for some mindless brain stimulation.  Alas, I had to check one of the greatest websites ever created…www.dropitlikeitshoff.com! (Drop It Like It’s Hoff)  I pondered several thoughts…Why is the Hoff so entertaining?  Who is the genius behind these pictures?  How would I get through life without the Hoff?  Unfortunately I have been brainwashed after 2 1/2 years of law school and could no longer purely enjoy the Hoff.  My brain quickly shifted into law mode and I began to wonder about the copyright implications arising from this glorious website.  (I know, I am a dork, and a minion of Barry Law!)  With that quick intro let’s get geeky!

 Derivative Works - created from pre-existing copyrighted material that are independently capable of their own copyright protection (refer to 17 U.S.C. 101).  According to the code, the person owning the copyrighted material must give permission before the item is used.  The basis of the theory is that the original work will be changed enough to create a new and separate copyrightable work.  These changes must be substantial and cannot be simple minor modifications.  Would the court consider super imposing David Hasselhoff’s image onto copyrighted material as a  significant enough change to the original work to be considered a separate copyrightable entity?  Changing Sharon Stone to the Hoff in that very special scene in Basic Instinct, I believe is an incredible change!  I do not have great confidence that the courts would agree with me!  Unfortunately this masterpiece would not be considered a derivative work mainly because I doubt the creator of this website actually obtained permission to use this image.  Does this mean the end for our favorite comedic site!  Do not fear my inferior copyright knowledgable friends!  There is hope for the Hoff thanks to fair use!  Everyone say it with me now…PARODY!