Development of Creative Commons licenses

["David Dixon" <ddixon AT wi.rr.com>]

Thanks for all your responses.

Evan wrote:

>     DD>   - Can we legally do this, considering that the material
>     DD> Beatallica uses is copyrighted?  There are no samples (except
>     DD> for a little one in "Leper Madonna"...); the music is
>     DD> performed, but the melodic and lyrical references are pretty
>     DD> obvious.
>
> As far as I can tell, pretty much no. You have to clear your rights to
> publish anything, Creative Commons license or no. There may be some
> exception for parody under the fair use clause of US copyright law,
> but it's shaky ground to stand on.

I don't understand why the ground is shaky.  The Supreme Court, in the 2
Live Crew "Pretty Woman" case, unanimously agreed that parodies are
protected speech.  The Beatallica tracks are obviously parodies.  So what's
the problem?

Also, since the band is giving away the music for free, it satisfies at
least one of the "fair use" doctrines.

D^2