- the impact of parody on the exploitation of copyright works by means of an empirical study of music video content on YouTube,
- a comparative analysis of the treatment of parody in seven jurisdictions, and
- its economic effects, respectively.
|A leaked picture of Merpel while busy |
choosing an appropriately ridiculous
outfit for her own Harlem Shake video
|Some people prefer Earl Grey |
over Christian Grey
- Criterion 1: Parody must be non-commercial;
- Criterion 2: Parody must not have an adverse effect on the market for the original;
- Criterion 3: Parody must not use more of the original than necessary;
- Criterion 4: Parody must add some significant new creation;
- Criterion 5: Parody must have humorous or critical intention;
- Criterion 6: Parody must be directed at the work used (‘target’);
- Criterion 7: Parody must not harm the personality rights of the creator of the original work;
- Criterion 8: Parody must be sanctioned under the rules of social custom;
- Criterion 9: Parody must acknowledge source of original work.
|Next year's Oscar sensation|
- Recommendation 1: Avoid distinguishing between genres (satire, burlesque, etc.). It is recommended that any policy be crafted in such a way as to minimise the need for subjective judgments about what constitutes humoristic or target parody, as opposed to other types of work. A definition focused on critique, without specifying the nature or direction of such, may be more flexible. Similarly, a focus on the addition of new intellectual labour, such as the US provision for ‘transformative use’ could be an adaptable framework.
- Recommendation 2: In order to realise the benefits of economic growth, allow commercial parody. The primary argument made by Hargreaves was that parody should be permitted on the grounds that it represents a new potential market for UK content creators. Providing a legal framework which allows amateurs and small producers to monetise their intellectual contributions will likely result in an increase in new works. Opening additional pathways to monetising work in digital environments such as YouTube may promote digital literacy among young people in the UK and offer new entryways into the digital and creative economy for small-scale producers and skilled amateurs.
- Recommendation 3: If an economic test is introduced, focus on incentive rationale and substitution effects.
- Recommendation 4: Consider responsiveness to changing cultural and technological circumstances.