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mosesoperandi t1_j25rfax wrote

You're delving into Fair Use Doctrine. It has four factors. Purpose is one factor which is where parody comes into play. However, it's just one factor and not all forms of parody are equally compelling to the courts. Satire tends to stand a better chance than a parodic work that is primarily commercial in nature.

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amnycya t1_j2aoe7f wrote

It’s actually the opposite- in the US, parody (using a work to comment on that work) is more protected than satire (using a work to comment on some other work or subject). See Campbell v. Acuff-Rose for the parody/satire distinction.

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mosesoperandi t1_j2autmi wrote

Good point! If OP were using the IP to poke fun at Nintendo, it would stand a much better chance of being protected by fair use. I got a little mixed up there.

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