Skip to content

I’m Creating a Parody Campaign. What Do I Need to Know?

Advertising and marketing campaigns can make people feel excited, surprised or afraid. There’s no denying that a well-executed parody marketing campaign can make people laugh. Marketers, however, should be wary of the intellectual property issues that arise when they are using someone else’s work to create material. This article will discuss two areas of IP law, and the questions marketers should turn their attention to when creating a parody campaign.

Area of Law Legal Question
Copyright How much of, and for what purpose, will I be reusing someone else’s copyright?
Trade Marks Am I using a parody trade mark as a trade mark? 

Copyright subsists in original artistic works including images, videos, music and writing. For this reason, copyright will attach automatically to most of what a marketer creates. As the copyright owner, the marketer then has the exclusive right to reproduce, republish or reuse the material, or to give others permission to do so. If another party uses your copyrighted material with your permission, they will have infringed the copyright and may have to pay damages.

Marketers should take care to identify whether they are using copyrighted material that another party owns. If so, ensure you seek permission from the owner before using it in your own work. There are, however, certain exceptions to this rule.

Fair Dealing Exceptions

The Copyright Act 1968 (Cth) (Copyright Act) lists certain purposes for which a creator does not need to ask permission from the original copyright owner to reproduce their work, namely:

  • research or study;
  • criticism or review;
  • parody or satire;
  • reporting news; or
  • professional legal advice

Marketers can rely on the parody or satire exception as a defence to claims of copyright infringement.

Parody and Satire

The parody and satire exemption falls under the broader heading of ‘fair dealing exceptions’ (i.e. the use of the copyright material for parody or satire must be considered ‘fair’).

The Copyright Act does not define parody and satire. Rather, we rely on the court’s interpretation and general definition to determine whether the material would fall under the fair dealing exceptions.

A parody is a humorous imitation of a piece of work, for instance, a reworked logo of PUMA as TUNA with a fish image. Satire, on the other hand, is usually presented for the purpose of ridicule or criticism. 

The fair dealing exception requires more than the mere presence of humour. You need to know how much of the material you are using is your own work. This is a key factor that the courts consider when determining whether your use of the material is considered ‘fair’.

Parodying Trade Marks

Most trade mark owners are less than enthusiastic about other businesses parodying their mark. While a business may not approve of the parody trade mark, its use is not necessarily unlawful.

Are You Using the Sign ‘As a Trade Mark?’

When it comes to trade mark infringement, the alleged infringer must be using the trade mark as a trade mark. This means that the alleged infringer is using the mark to distinguish their goods or services from other business (i.e. to create a brand that is the same or similar to another business).

A mere reference to the mark or using it as a descriptive term in advertising material may not necessarily be ‘use as a trade mark’. In these instances, you can use another business’ trade mark without infringing their IP rights. You should ask, “will consumers associate our parody brand with the original brand?”

Continue reading this article below the form
Loading form

Key Takeaways

Marketers should understand how copyright and trade marks will apply to their campaigns and take care to avoid infringement when parodying another brand. You should make is as clear as possible that your campaign is a parody, spoof or satirical comment of the original work and that your campaign is not associated with the original business.

If you have any questions or need assistance navigating through the relevant IP laws for your campaign, get in touch with our specialist IP lawyers on 1300 544 755. 

Register for our free webinars

Franchisor Compliance Update: Code Obligations from November 2025

Online
Stay compliant with the new franchising updates from November 2025. Register for our free webinar.
Register Now

Avoiding NDIS Pitfalls: Key Breaches and How to Prevent Them

Online
Understand NDIS pitfalls and reduce the risk of breaches affecting your business. Register for our free webinar.
Register Now

Demystifying M&A: What Every Business Owner Should Know

Online
Understand the essentials of mergers and acquisitions and protect your business value. Register for our free webinar.
Register Now

Social Media Compliance: Safeguard Your Brand and Avoid Common Pitfalls

Online
Avoid legal pitfalls in social media marketing and safeguard your brand. Register for our free webinar.
Register Now
See more webinars >
Dhanu Eliezer

Dhanu Eliezer

Growth Training Manager | View profile

Dhanu is a Growth Training Manager at LegalVision. Before joining LegalVision, Dhanu worked at Sydney Legal Practice, the Office of the Franchising Mediation Adviser and the Arts Law Centre. She has assisted hundreds of clients to protect and build their brand through trade mark registration and IP licensing. She is responsible for overseeing a smooth and effective network between clients, lawyers and project managers in the trade marks and intellectual property space.

Read all articles by Dhanu

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards