The UK approach to parody Section 30A of the CDPA allows fair dealing with a copyright work for the purposes of caricature, parody or pastiche. The Intellectual Property Office (IPO) guidance provides that the words “caricature, parody or pastiche” have their usual meaning in everyday language, but also take account of the context and purpose of the copyright exceptions.
The IPO defines the terms as follows: * Caricature is something that portrays its subject in a simplified or exaggerated way, whether insulting or complimentary and whether for a political purpose or solely for entertainment. * Parody is something that imitates a work for humorous or satirical effect. * Pastiche is a composition that is made up of selections from various sources or one that imitates the style of another artist or period. While Deckmyn does not offer much guidance on the concept of fair dealing, English case law shows that this is a question to be assessed globally, taking into account: * The proportion of the original work as a whole that has been reproduced. * The necessity of featuring the original work in the reproduction. * Whether the reproduction will be in competition with the original work, thereby affecting the original author’s sales (paragraph 887, Halsbury’s Laws of England Vol 23 (2013)).