Perhaps someone can enlighten me: how is this remotely a first amendment issue? That prohibits the GOVERNMENT from restricting speech. It does not restrict the subject of a parody from complaining about it or claiming copyright infringement. On the contrary, those are also protected speech. Here it is:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
There is nothing about copyright protection, which is all that is being claimed here, that is incompatible with the first amendment. What better way, though, to revive interest in what many are describing as a mediocre play than to make it a first amendment cause célèbre? Obviously, there are many who would mindlessly jump on that bandwagon.
Is the copyright complaint being used as an excuse to use legal muscle to discourage parody? Can one demonstrate the play is not a knockoff but a legitimate parody according to the guidelines that distinguish those two things? Who spread the word about the copyright infringement complaint in the first place and made that the problem, instead of the play's quality? Knowing that might clarify what's really going on here. Unfortunately, the NY Times article doesn't say.
Updated On: 2/1/14 at 10:22 AM