Just Kidding: Courts Decide Parody On A Case-By-Case Basis

Parody is generally considered a “fair use” under copyright law, provided that the parody meets the statutory test for “fair use.” But the application of the test is extremely fact-specific. So how can an author of humorous commentary be sure that their work will, in fact, be treated as a parody rather than an infringement of another’s copyright? It appears that the parodist cannot know for certain until a court provides an answer. This article provides an overview of recent and significant cases that demonstrate the case-by-case nature of parody copyright controversies.