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ARTICLE · 10 MARCH 2015

Parodies

Previously a number of Canadian cases held that parody or burlesque was not a defence to a claim for copyright infringement but the rules have changed.

CanadaIntellectual Property

Below is an excerpt from John McKeown's March 2015 Mailer where he discusses protecting product advertising.

Parodies 

Traditionally, parody in a literary context consists of a composition in which the characteristic style of an author is mimicked and made to appear ridiculous, especially by applying such a style to inappropriate subjects.   More recently there have been a number of cases where parody web sites or sites for critical commentary have been directed at a specific business. Frequently a domain name is obtained which consists of the subject of the site's trade mark combined with the word "sucks" but other methods are used.

Previously a number of Canadian cases held that parody or burlesque was not a defence to a claim for copyright infringement but the rules have changed. After November 7, 2012 section 29 of the Copyright Act provides that fair dealing for the purpose of parody or satire does not infringe copyright. It is possible in a specific

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