I truly believe one of the highest forms of flattery is when you are made fun of by someone else. You must be important if someone actually takes time out of their day to laugh at you. This makes David Hasselhoff the most respected man in the World. T-shirts, websites, videos…seriously this guy is idolized by millions (once “Freedom” reaches China it’ll be billions). There did come a day however when the laughter ended for Mr. Hoff. I know this is hard to imagine, but the Hoff is but a man…a simple human who for one day did not find parodying himself amusing. The Hoff was scheduled to co-host the European MTV music awards with Justin Timberlake in Copenhagen. After viewing the script the Hoff backed out of hosting. Apparently he did not appreciate such stage antics such as ripping off JT’s shirt and commenting on how he needed more chest hair like himself. Should we blame the Hoff for having no sense of humor? NO! This is completely MTV’s fault. Comedic timing is everything, and MTV missed big time. This award show was not taking place in the US, which is important because the Hoff is a smart business man. The Hoff realizes much of his earnings from the US market come from items parodying him. Hence I believe he would have been more than willing to humiliate himself in front of Americans. But these awards were being held in Europe, where the Hoff is NOT a comedic figure but revered as a magical lyricist and musician. At the time the awards show was to be aired the Hoff had his single, “Jump in my Car”, scaling the UK charts. And now the time has come to get down and dirty with a little copyrights!
According to Professor Randazza (and yes he is a legite source) parodies distort, or closely imitate, another work for comedic or satiric effect. What the courts tend to focus on is the market effect of the parody on the original work. So my question is…Does it matter if the David Hasselhoff parody occurs in the United States v. Europe? Can the Hoff make a case that his marketability differs depending on what side of the ocean he’s on? As I stated previously, the Hoff is actually considered a real musical artist to the Europeans! He was actually selling records and making money off of his music!Unfortunately Americans have not come to embrace the musical genius of the Hoff like Europeans! What if the Hoff had gone along with the parody and that led to Germans realizing he might not be that cool (I know he is but we’re speaking hypothetically)? In turn his record sales plummet in Europe and now he becomes a jester not just for the US but for the world as a whole! A classic example is Celine Dion! That woman was everywhere, then came the Saturday Night Live skits…no more Grammies, HELLO VEGAS! In the end MTV just had poor taste! Let the man have his HOFFTEGRITY!
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!
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