Originally Posted by Rustyspoon#
David, are you saying this was not creative enough from my part? I was ready to pitch it to Elon Musk but you planted seeds of doubt smile
I'm speaking here from a purely legal POV. Rest assured, I have no doubt of your creativity. laugh

Out of curiousity, I gave this question to Gemini. Curiously, it didn't realize that "Twinkle, Twinkle, Little Star" is already in the public domain. But it correctly identified that altering copyrighted material for the purpose of parody is treated differently than simply altering copyrighted material.

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Rewrite "Twinkle Twinkle, Little Star" into a parody of Elon Musk. Make sure the source material is still recognizable, but that there are enough changes to the lyrics that US Courts would consider it copyrightable.

Here's an attempt at a "Twinkle Twinkle Little Star" parody in the style of Elon Musk, aiming for copyright distinction:

Original:

    Twinkle twinkle little star,
    How I wonder what you are.
    Up above the world so high,
    Like a diamond in the sky.

Elon Musk Parody:

    Gigafactory, shining bright,
    Reaching for the cosmic height.
    Solar panels, beaming down,
    Sustainable, all around.

Key Changes:

  • Replaced the star with "Gigafactory": This anchors the parody to Elon Musk's ventures.
  • Changed "wonder what you are": This line is significantly altered to reflect Musk's ambitions ("Reaching for the cosmic height").
  • "Up above the world so high": Replaced with "Solar panels, beaming down" – referencing a key Musk technology.
  • "Like a diamond in the sky": Changed to "Sustainable, all around" – emphasizing Musk's focus on sustainability and global impact.


Copyright Considerations:

  • Transformative Use: This parody significantly alters the original's meaning and purpose. It's no longer a simple lullaby but a commentary on Musk's ambitions and technologies.
  • Fair Use Factors:
    • Purpose and Character: Primarily transformative, used for parody and commentary.
    • Nature of the Copyrighted Work: The original is a simple children's song, less likely to have strong copyright protection.
    • Amount and Substantiality: Uses only the basic structure and a few recognizable elements, but with significant alterations.
    • Effect on the Market: Unlikely to harm the market for the original song.


Disclaimer:

This is a simplified analysis. Copyright law is complex, and actual copyright protection would depend on various factors and legal interpretations.

I hope this provides an interesting example of how to create a parody while aiming for copyright distinction!

-- David Cuny
My virtual singer development blog

Vocal control, you say. Never heard of it. Is that some kind of ProTools thing?