Noah Kalina's video, "Noah takes a photo of himself every day for 6 years," has been viewed 7,278,715 times on YouTube. Apparently that's the threshold loser-generated content must cross before warranting a Simpsons parody. Like the one below, which isn't just clever, but also an ironic test of fair use, the broad exemption in copyright law which allows for commentary and criticism.
Back in February, 20th Century Fox successfully subpoenaed Google for the names of YouTube users who had uploaded copyright infringing episodes of The Simpsons. But Kalina feels like Fox is the one violating copyright.
A few months back a producer from the Simpsons contacted Carly about using her song 'everyday' for an upcoming episode in which they were going to parody my video. She was negotiating a rate for the song, until they never got back to her. No fee was agreed on, no contracts signed. She and I both assumed that they were no longer interested in using her song for the show. Last night the episode aired and sure enough her song is part of the show. What's up with that?! I am thrilled that the Simpsons parodied me, but Carly should have been compensated.Thing is, Kalina doesn't have much of a case. Not only is the video a parody, and therefore likely to be found fair use, it's also only a small portion of Carly Comando's whole original. Watch the two and judge for yourself.