Research and analysis

Parody and pastiche

Study on the importance of parodic works both as a form of cultural expression and as a potential source of innovation and growth.

Documents

Report 1: Evaluating the impact of parody on the exploitation of copyright works

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Report 2: The treatment of parodies under copyright law in seven jurisdictions

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Report 3: Copyright and the economic effects of parody

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Detail

The status of parody and related derivative works within the UK copyright framework lacks clarity and has been recommended for further policy study in two recent independent reviews: the Gowers Review of Intellectual Property in 2006 and the more recent Hargreaves Review of Intellectual Property and Growth published in 2011.

A key recommendation made by Hargreaves is that the Government create a new fair dealing copyright exception for parody. However, a shortage of empirical data renders policy intervention in this area difficult.

The reports

This reports the key findings of the empirical study carried out by Dr. Kris Erickson and research assistants at Bournemouth University. The primary purpose of this research is to assess the potential for economic damage to rightsholders, should an exception for parody be introduced.

The purpose of this paper is to review the legal treatment of parodies in several key countries, with a view to identifying possible regulatory options for benefiting from a parody exception to copyright infringement, and distilling the (economic and non-economic) rationales underlying tests developed by legislators and courts.

This synopsis reports the key findings from two complementary studies carried out by Bournemouth University researchers.