Parody is one example of how copyright law’s fair use doctrine protects free expression. According to the Oxford English Dictionary, a parody is “an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect.” In our modern culture, parody exists in a range of media, including art, literature, television, and music. Some famous examples of parody in film include Mel Brooks’ Young Frankenstein and Austin Powers. Saturday Night Live and Weird Al Yankovic also rely on parody.
Fair use — which protects parody — is a legal doctrine that promotes freedom of expression by allowing the public to use copyrighted works without the permission of the copyright holder. The statutory framework for fair use is found in Section 107 of the Copyright Act. Section 107 enumerates the following four factors, which must be evaluated to determine whether a use is fair:
- Factor 1: Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
- Factor 2: Nature of the copyrighted work
- Factor 3: Amount and substantiality of the portion used in relation to the copyrighted work as a whole
- Factor 4: Effect of the use upon the potential market for or value of the copyrighted work
Read more: https://dsi.appstate.edu/news/copyright-and-free-expression