Parody—Nature and Definition

Abstract This chapter provides an overview of the nature and definition of parody in the context of copyright law. The Court of Justice of the European Union (CJEU) has introduced two requirements that must be satisfied before a work may be considered a ‘parody’: firstly, it must ‘evoke an existing work while being noticeably different from it’, and secondly, it must ‘constitute an expression of humour or mockery’. The chapter first traces the origin and history of parody in the arts, including music, before discussing the relationship of parody with concepts such as satire, caricature, and pastiche. It then examines why a parody exception has been considered necessary in copyright law. The chapter goes on to analyse the legal evolution of parody in France, Australia, Canada, the United States, and the United Kingdom, showing that the existing international human rights framework may influence the definition of parody in intellectual property law.