Parody and Copyright Law

1. Parody and Copyright
Law
Claudia Roggero
IP Lawyer - Italy

2. WHAT IS A PARODY ?
Origin of word parody:
the word parody comes
from Greek word
“paroidia”: “para”
(beside, alongside or
near) and “ode” (song).
Definition of parody: imitation of work, such
as literature, music song, visual arts work
etc. for humors or satirical purposes.

3. WHY PARODY IS A PROBLEM?
Parody is still a difficult matter in copyright
law:
• Taking a part of a source work could
infringe the copyright of the creator of the
source work.
• Normally Copyright law prohibits the use of
copyrighted works without the permission
of the copyright’s owner.
• It is unlikely that a copyright owner will
grant permission or a license to a parodist

4. LAW AND PARODY
In some countries’ legislation there is
no definition of Parody, neither specific
defense for it (e.g. UK, Italy).
Copyright Statutes in other Countries
provide specific defense of parody, but
they do not offer any legal definition of
it (e.g. France, Spain).
EU Directive 2001/29 allows Member
State to provide exceptions to the
copyrights in case of parody, but does
not provide any definition of it.

5. JURISPRUDENCE
Courts have to:
• find a juridical ground of the
right to parody;
• establish when a work could
be considered a parody and
not copyright infringing.

6. JURIDICAL GROUND
OF RIGHT OF PARODY
Freedom of speech and
freedom of art principles
granted by Constitution (e.g.
Italy, France) and by First
Amendment Act (e.g. USA)

7. PARODY OR COPYRIGHT
INFRINGEMENT?
Italy: autonomous work because
it transforms the ideological
part of the source work

8. LUTTAZZI V. TAMARO CASE

9. CONSEQUENCES
The definition of parody risks
to be too abstract and too
broad;
The copyright risks to protect
only the idea and not the
expression of the idea.

10. USA
Parody is a derivate work.
To determine whether a
work is a parody the courts
have to take into
consideration the 4 Fair Use
factors.

11. CONSEQUENCES
Target parody: parody that
criticizes the source work is
admitted (Campbell v. Acuff-Rose
Music)

12. Weapon parody: parody that
criticizes other customs or values is
not admitted (Rogers v. Koons)

13. TO CONCLUDE
Compulsory licensing
system?
Legal definition and
specific treatment for
parody

14. NOW IT’S YOUR TURN

15. THE END