Reading time: 5 minutes

Since the introduction of parody as a ‘fair dealing’ exception in the Copyright Amendment Act 2006 (Cth), the relationship between parody and copyright law has changed. Copyright law protects and encourages creative expression. However, the risk of this type of law is that it may stifle creativity, unless it includes some exceptions. Parody and satire are two such exceptions to copyright infringement. However, they are still relatively grey areas of the law. 

If you are interested in creating your own parody of an existing creative work, read on to make sure you are engaging in ‘fair dealing’. 

Copyright Protection in Australia

Copyright law protects the original expression of ideas. In Australia, it arises automatically. There is no need to apply for copyright protection. Importantly, copyright protects the expression of the idea, not the idea itself. Therefore, copyright protection arises for: 

  • the expression of artistic, literary, dramatic or musical works; and
  • works like films, broadcasts, sound recordings and published editions. 

It gives its author exclusive rights to use and commercialise the work.

For example, the author has the right to licence it to others, perform the work in public, broadcast it, publish it or make an adaptation of the work. 

Copyright protection can last a long time. Generally, copyright extends 70 years from the:

  • author’s death; 
  • date of publication for films and sound recordings; or
  • year broadcasts were made. 

Copyright Infringement

You cannot directly copy someone else’s creative work. But, can you borrow ideas from others? In Australia, the primary test for deciding whether you have infringed copyright is whether there is an ‘objective similarity’ to the original work. If you have used a substantial part of another work that would make the average person think of the original work, it is likely that you are infringing on that person’s copyright. The similarity only has to be the essential or distinctive part of the work. 

If you are found to infringe upon someone else’s copyright, that person may have extensive rights to remedies through the Courts. 

For example, the Court may order you to compensate them or make a payment of profits you have made from using their work. 

What are the ‘Fair Dealing’ Exceptions?

Fortunately, to promote artistic creativity and freedom, there are some exceptions to copyright infringement. These are collectively known as ‘fair dealing’ exceptions. These include circumstances such as:

  • research or study; 
  • criticism or review; 
  • reporting news; 
  • a legal practitioner giving legal advice; and
  • parody and satire. 

To be exempt from copyright infringement, your dealing with the work must first fall within one of these exemptions. It must then be a ‘fair’ dealing. This varies depending on the circumstances of each case. However, fairness will usually require consideration of:

  • how much of the work you have used; 
  • what you have changed or added; and 
  • whether you have used the new work for a commercial purpose.

These exceptions do not apply to all works of copyright. Instead, they are limited to: 

  • literary, dramatic, musical or artistic works; 
  • adaptations of literary, dramatic or musical works; and
  • audio-visual works, such as sound recordings, films and broadcasts. 

When Does Fair Dealing Include Parody or Satire? 

The Copyright Act (1968) does not define parody and satire. Both dealings use humour and comic effect to comment or criticise. However, they have a key difference:

  • parody mimics an original work directly; and 
  • satire uses a work to make a comment about something else entirely. 

Ultimately, the comical elements must add to the work in such a way that it forms an entirely unique artistic expression. 

For example, it has been said that the film Shrek parodies a number of other fairy tales and Disney storylines. However, it is a unique, original expression. Likewise, the TV show The Office can also be considered a form of satire, through social commentary making fun of office culture. 

However, you should be careful of creating parodic works that cause offence. These can easily cross over into the realm of defamation

Key Takeaways

Parody and satire are important ‘fair dealing’ exceptions to Australian copyright law. Many forms of modern day entertainment rely on some kind of parodic or satirical humour to attract audiences. However, it is important to remember that just because something is funny, it could still breach copyright laws. Keep in mind that it should be your unique form of expression that creates the humour in the work. Its core creative essence must not be objectively similar to the original work. If you have questions about potential copyright infringement, contact LegalVision’s intellectual property lawyers on 1300 544 755 or fill out the form on this page.

Frequently Asked Questions

What is copyright?

Copyright law protects the original expression of ideas. In Australia, this intellectual property right arises automatically. Therefore, there is no need to apply for copyright protection.

What are parody and satire?

Parody and satire are ‘fair dealing’ exceptions under Australian copyright law. Parody mimics an original work directly and satire uses a work to make a comment about something else entirely. 

What are ‘fair dealing’ exceptions?

There are certain exceptions to copyright infringement, known as ‘fair dealing’ exceptions. For example, these include circumstances where the material is used for purposes such as research or study, criticism or review, reporting news, providing legal advice or parody and satire. 


Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards