EU and US Perspectives on Fair Dealing for the Purpose of Parody or Satire

Abstract

This article concerns the interpretation of the defence of fair dealing ‘for the purpose of parody or satire’, a defence that was added to the Australian Copyright Act 1968 (Cth) in 2006. The Copyright Act 1968 (Cth) provides no definition of ‘parody or satire’; no cases have considered the meaning of parody or satire in this statutory context; and official sources provide little interpretive guidance on the meaning of these terms. It considers this defence in the light of recent cases from the Court of Justice of the European Union and from the United States. (2016) 39 University of New South Wales L J 684.

Keywords: Copyright, Parody, Satire, Australia

JEL Classification: K11, K19