You’ll probably have seen one or more “Hitler Parody” videos on you tube, in which a short clip is taken from the German-language film “Downfall” and the subtitles replaced for comic effect.
This morning Glyn Moody retweeted this article, it seems that maker of “Downfall” , Constantin Film Distribution has taken steps to oblige the likes of YouTube to take these parodies down on the grounds of copyright infringement.
First, I’ll have to admit that part of me is little uncomfortable about a film extract depicting a man directly and indirectly responsible for the deaths of tens of millions of people being used for comedy purposes. But I’ve had it pointed out to me that, culturally, it might actually be part of the healing process to depict this evil evil creature in a darkly comic light. Besides, there’s plenty more publically accessible content that is a whole lot more distasteful out there.
Next I’d add that I don’t think these clips do infringe, since in most cases they represent less than 2% of the original I would say that they represent fair use. But I am neither a Lawyer nor a Texan judge, so my views on IPR law aren’t overly special.
Whatever the law, and whatever the dubious tastefulness of these parodies, Constantin film is making a mistake in blocking these parodies. If Constantin were smarter, they’d have promoted them, hell if I were the company I’d have found a developer to build an app that made it easier to create the parodies and hosted it on my website.
This bad call on Constantin film’s part neatly presents the division between the people that “get” the notion (and power) of the creative commons and those that don’t.
Evidently Constantin film is a “don’t”.
