The Essential Characteristics Of A Parody

A recent decision of the Court of Justice of the European Union may provide some assistance in applying the exception to copyright infringement for fair dealing for the purpose of parody.

Background

The Copyright Act contains a number of detailed exceptions from infringement including a series of exceptions based on fair dealing. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Act, is a user's right. In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively.