I’m a big fan and supporter of parody and I loathe petty litigation. The image posted here is brought to you by the fine folks at 2 Political Junkies. I’m not associated with them, by the way. The reason I have my own copy of the image is just in case they have to take it down for legal reasons. Ya see, apparently the owners of Absolut Vodka, V&S, don’t get the joke. They’ve asked 2 Political Junkies to take down the image.
"A lawyer for Absolut’s owners, V&S, e-mailed Lupinacci Nov. 14, saying the parody infringes on Absolut’s copyright and trademark, and requested it be immediately removed. The firm’s policy is to stay away from political statements of any kind, attorney Jenny Bergquist wrote, and ‘you are using the Absolut trademark in order to promote your political message.’"
So much for free speech and protection of parody.
"Although a parody can be considered a derivative work under United States Copyright Law it can be protected under the fair use of 17 USC � 107. In 2001, the federal Court of Appeals, 11th District in Suntrust v. Houghton Mifflin upheld the right of Alice Randall to publish a parody of Gone with the Wind called The Wind Done Gone, which told the same story from the point of view of Scarlett O’Hara’s slaves, who were glad to be rid of her. See also the Supreme Court of the United States case Campbell v. Acuff-Rose Music regarding the song Oh, Pretty Woman."
In particular, parody advertisements are legally protected.
Unless and until lawyers start breathing down my neck, I’ll be keeping this image up. Welcome to America, V&S, land of free speech and home of fair use. Get bent!
P.S. I agree with the commenters who want a version for Democrats, too. Come to think of it, in response to V&S’s petty behavior, a parody of them in the same vein might be appropriate. 😉
P.P.S. Someone please hit this guy with a cluebat/LART/mallet o’ understanding.