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ARTICLE · 21 NOVEMBER 2018

Parody: Fair Use Or Infringement?

Khurana & Khurana, Advocates and IP Attorneys
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Parody is an imitation of someone else's work with a view to ridicule or criticize such work.

IndiaIntellectual Property

Parody is an imitation of someone else's work with a view to ridicule or criticize such work. Since parody is an imitation, does it amount to copyright infringement of the owner's original work? How do laws protect the right of copyright owner along with the parodists?

It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In relation to 'Parodies', since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. This issue was cleared in Civic Chandran case1 wherein the Court held that 'the purpose of reproduction of artistic work i.e. counter drama was not misappropriation, to produce a play similar to the original. Rather, the purpose was to criticise the idea propagated by the

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