ESSAY 2
The issues to be identified in this case are whether or not the use of the photo of John Travolta described in the magazine is considered a parody, whether or not this photo in question violates the libel defamation and/or copyright laws for use of Travolta’s image, and finally, whether or not Rolling Stones Magazine is protected under their First Amendment rights. The rules of law the court will use to decide this case are listed below.
Parody: is defined as a literary or musical work in which the style of an author or work is closely imitated for comic effect or ridiculed a feeble or ridiculous imitation. In other words, a parody is a form of speech protected by the First Amendment as a "distorted imitation" of an original work for the purpose of commenting on it. The subject matter is usually a political or entertainment figure or situation and it is often used in a comedic way to bring up a point or exaggerate the situation.
Some forms of parody and satire are difficult to distinguish from truthful publications. Moreover, many forms of parody and satire can be particularly offensive to the subject of the parody. As a result, publication of various types of parody often involves litigation over libel, slander, and other types of Defamation. Fair Use Doctrine Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The