Copyright, the Statute of Anne and Rodents
Submitted by Xaviar Xerexes on August 22, 2003 - 11:58
Disney's case hinged on the fact that O'Neill's drawings closely resembled the real thing; that, of course, is an important aspect of parody. But Disney argued that such accurate representations might confuse America. It's difficult to take seriously Disney's argument that Air Pirates, an unknown, underground, small-circulation publication, could ever be confused with or compete economically with the real deal no matter how exact the rendering. Perhaps this is why Disney's counsel peppered the complaint with references to Air Pirates as "perverted," "offensive," "degrading" and "defamatory" (they forgot "schismatical"), as if parody should somehow strive for wholesomeness.