When is a parody a violation of copyright?
When is a parody a violation of copyright?

Summary/Abstract: There is no straightforward answer to the question when is a parody a copyright violation. However, it is evident that there are sufficient grounds to state that no use is presumptively justified under the statutory or the judicially created exceptions. Such decision will necessarily be made only after a careful examination of all the relevant circumstances of each individual case in light of the statutory or judicial criteria. The significant elements comprise the principles of fairness and necessity, and such factors as the purpose and character of the use, the nature of the copyrighted work, the amount taken and its substantiality in relation to the entire work and the effect on the market for the original and its potential derivatives are also considered. (…) In sum, it could be stated that a parody is a copyright violation whenever it is determined to conflict with the statutory provisions or the case law. The major requirement is the intrinsic fairness of the use for the purpose of ridiculing or comically criticizing a particular copyrighted work. The pertinent factors are to be examined and applied to the particular circumstances of the case. There is no infringement of the rights of the author if the court is satisfied that the totality of the relevant elements favors the defendant; namely, that the purpose of the use was proper and not specifically intended for commercial benefit, that the copyrighted work did not require the highest possible level of protection, that the parodist did not copy more than was necessary, and that the use would not have an adverse effect on the market, i.e. it would not supersede or substitute the original.

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