Copyright Law

The best fan video in the world?

By Andrew Raff, Esq.

Via Top Gear's blog, I found this link to a fan-made Top Gear style search for the beat driving road in California:

The Californians were disappointed that Top Gear dismissed the entirety of North America while searching for the best driving road in the world. So, they went to look for the best driving road in California and ended up creating an hour-long film chronicling their journey, in the style of Top Gear.

And they get the Top Gear style dead on.

Three white male presenters embark on a road trip in different cars, each of which represents a different interpretation of a common theme. In this fan film, the theme is sporty cars purchased for less than $5,000. A driver in a racing helmet sets lap times and a marker to race against (ala The Stig.) The three presenters compete in various challenges and comment on their respective cars and how a particular drive represents a broader theme about motoring, masculinity, nationality, or some metaphor for life. During the road trip, the three presenters are filmed from dashboard mounted cameras. Often, a presenter's voiceover narration melds seamlessly into thoughts spoken while driving during the road trip. Scenes open with a camera zooming out from a car or panning across a landscape with the frames heavily vignetted vignetting. Liberal use of shots of the 3 presenters driving alongside on the highway and the way in which music is used in the soundtrack all follow the Top Gear style.

Does that make it a copyright infringement?

If enough of the elements that make up Top Gear are borrowed, is the style used in a manner consistent with fair use? This is a non-commercial, non-competitive work that responds to a particular segment filmed on Top Gear. The Search for the Greatest Driving Road in California adopts the style to respond to and parody Top Gear. The creators sought to call out Top Gear for their snub of California's roads-- in other words, to criticize Top Gear, by showing that Top Gear could have found a road in California worthy of comparison with those in the Alps.

Were this a pilot for a series commissioned by a network, would this be an infringing work? (A pilot for an American version of Top Gear, starring Adam Corolla, was made for and ultimately passed on by NBC last year.)

Full post as published by IPTAblog on May 15, 2009 (boomark / email).