PARODY: Flattery, Humour Or Legal Risk?

In ancient Greece, a parody was a song or poem that imitated the style and flow of another poem – par meaning “beside” and ody referring to an “ode” or “song”. But where does ‘parody’ stand legally in the modern world?

Parody is a work that humorously and critically comments on an existing work. To create a successful parody, the parodist necessarily requires his audience to recognise the original work as well as the manner in which it has been ridiculed. Thus, by its very nature, a parody is dependant upon, and borrows from, an original work, which raises concerns about copyright infringement.

Earlier this month, an internal knowledge sharing session at the Firm involved a presentation on the ‘Defence Of Parody In Copyright Law’. Charu Sharma, Senior Associate at Remfry & Sagar, shared expert insights on recent Indian judgments in this domain and also drew comparisons with the treatment of ‘parody’ in foreign jurisdictions.