50 Shades of Grey Parody Being Sued

You new it had to happen.  In September, based on a phenomenal fan following, Smash Productions decided to make a parody of the book 50 Shades of Grey by + E.L.James.  Unfortunately for Smash Productions, they did not own the rights to 50 Shades of Grey.  Those rights are owned by Universal Studios.  So quicker than you can say "inner goddess," Universal Studios sued Smash Productions for copyright infringement.


Porn parodies have been around almost as long as pornography has been.  Whatever your favorite genre, porn has found a way to parody it.  Tolkien fan?  There's "Whore of the Rings." Love Kevin Spacey?  How about "American Booty."  "A Tale of Two Titties," is a must-see for any English major.  Even classic movies aren't safe in "Titty, Titty, Bang, Bang."

We could go on.  The gay market nailed it with "Raiders of the Lost Arse" and "Whorry Potter" but "Edward Penishands" just seems a little too easy.  How did all of these movies manage to get away it without being sued?  Simple, other than the titles, the actual movies bear almost no resemblance to the original work.  Sure Whorry Potter is a boy wizard but beyond him creating a little "magic" in the bedroom, there's hardly a muggle in sight.

Parody is defined as a literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule.  The problem with the 50 Shades of Grey is there is no comic effect or ridicule.  Due to the adult nature of the book, Smash Productions lifted everything straight from the original work.  They didn't even bother to change the dialogue.

Take the following as an example:
When an inexperienced college student, Anastasia Steele, meets an extremely wealthy and handsome young business tycoon, Christian Grey, a whirlwind romance encompassing the kinkiest of pleasures soon ensues. Christian, (Ryan Driller) takes the inexperienced virgin Anastasia, (Allie Haze) into a world BDSM roll playing. Anastasia is completely swept up and scared as she has never experienced anything like this. She spent her last four years reading English literature while living vicariously through her outgoing roommate Kate (Alexis Ford). What made her charming prince like this? Was it the training in masochism he received at the hands of an older woman Mrs. Robinson (Julia Anne)? How many shades of the object of her love must she push through to find true love?
This description did not come from the book, it came directly from the box cover.  

While parodies have long been protected by the First Amendment, Universal Studios claims, "By lifting exact dialogue, characters, events, story, and style from the Fifty Shades trilogy, Smash Pictures ensured that the first XXX adaptation was, in fact, as close as possible to the original works," the 31-page complaint states.
"Beginning with the first XXX Adaptation's opening scene and continuing throughout the next 2½ hours of the film, Smash Pictures copies without reservation from the unique expressive elements of the Fifty Shades trilogy, progressing through the events of 'Fifty Shades of Grey' and into the second book, 'Fifty Shades Darker.' The first XXX adaptation is not a parody, and it does not comment on, criticize, or ridicule the originals. It is a rip-off, plain and simple."

Smash was originally going to release a sequel on January 10, 2013, however, that's not likely to happen.  In fact, all remaining copies of Fifty Shades of Grey: a XXX Adaptation have been pulled from the market.  What do you think?  Blatant rip-off or protected speech?  Stay tuned to see what the courts decide.