parody

parody. Intellectual property. A transformative use of a well-known work for purposes of satirizing, ridiculing, critiquing, or commenting on the original work, as opposed to merely alluding to the original to draw attention to the later work. • In constitutional law, a parody is protected as free speech. In copyright law, a work must meet the definition of a parody and be a fair use of the copyrighted material, or else it may constitute infringement. [Cases: Copyrights and Intellectual Property 53.

2. C.J.S. Copyrights and Intellectual Property §§ 45–46, 48–50.]

“Trademark parodies, even when offensive, do convey a message. The message may be simply that business and product images need not always be taken too seriously; a trademark parody reminds us that we are free to laugh at the images and associations linked with the mark.” L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 34 (1st Cir. 1987)(per Bownes, J.).

“We do not, of course, suggest that a parody may not harm the market at all, but when a parody, like a scathing theater review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act. Because ‘parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically,’ the role of the courts is to distinguish between ‘biting criticism [that merely] suppresses demand [and] copyright infringement[, which] usurps it.’ ” Campbell v. Acuff–Rose Music, Inc., 510 U.S. 569, 591, 114 S.Ct. 1164, 1178 (1994) (Souter, J.) (citations omitted).

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词条贡献者

双语律师李明，国际知名法学院法律专业，擅长翻译各类与政府监管相关的法律文件。