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The Parody Exception in Copyright Law$
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Sabine Jacques

Print publication date: 2019

Print ISBN-13: 9780198806936

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198806936.001.0001

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Factors to Consider for the Application of the Parody Exception

Factors to Consider for the Application of the Parody Exception

(p.91) 4 Factors to Consider for the Application of the Parody Exception
The Parody Exception in Copyright Law

Sabine Jacques

Oxford University Press

This chapter focuses on various factors which are potentially relevant to the application of the parody exception. It begins with a discussion of the problematic nature of defining the contours of the parody exception, placing emphasis on fair dealing and rules of the genre that traditionally constitute a two-step assessment used by the courts to determine whether the use of the work is ‘for the purpose of parody’. It then considers a number of landmark decisions that illustrate the relevance of the ‘traditional’ fairness factors adopted in the judicial consideration of the parody exception. These factors include the intent of the parodist, encroachment upon the right-holder’s economic rights, absence of confusion, the quantity reproduced, motives of the parodist, and the three-step test. The chapter concludes by asking whether national courts might introduce new factors and seek to adapt the parody exception to new kinds of uses.

Keywords:   parody exception, fair dealing, parody, fairness, economic rights, national courts, intent, confusion, three-step test

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