What’s the Difference Between Parody and Satire in Copyright Law?
Under United States Copyright Law protections, filmmakers often employ fair use protections. Specifically, those producing films that are comedic, political, or which may otherwise communicate messages of parody or satire may turn to fair use protections in the event that they are accused of copyright infringement. However when it comes to parody and satire there are not the same. So, what’s the difference between parody and satire in Copyright law?
Under Copyright law both parodies and satires have key distinctions which separate one from the other. Both may be prominently known for the use of humor as a means of drawing criticism and commentary toward a particular subject or interest.
But the two have distinctly different underlying purposes. This is one of several points made in distinguishing one vs. the other under copyright protection.
Parody and U.S. Copyright Law
A parody represents the use of some other work which is imitated or mocked in a comedic manner. All with a deliberate attempt to exaggerate certain characteristics for comedic effect.
The parody represents fair use because its purpose is specifically to discuss the work. Similar to the way a commentary or criticism would use the copyrighted work in connection with the discussion.
Without use of the original work, there would be no way to mock or otherwise exaggerate details of the original. In other words, the original work represents a means to the end.
Satire and U.S. Copyright Law
Satire represents a specific use of irony, exaggerations, or humor in order to criticize or otherwise ridicule the stupidity or social vices that an audience can appreciate.
Unlike a parody which directly mocks a copyrighted work and pokes fun at the work itself, satire may use a copyrighted work which makes fun of society or societal views.
The Issue
The problem with satire is that fair use protections are not afforded to a creator that infringes upon a copyrighted work in which the work was used to mock or otherwise poke fun at something entirely different.
But why? Primarily it’s because the use of copyrighted work. Which forms the basis for the creation of a satire, was not required as a way of criticizing or otherwise drawing interest to the topic.
In other words, the creator does not need the copyrighted material to create the satire as the original work is not the means to the end.
What’s the Difference Between Parody and Satire?
Weird Al Yankovic comes up a lot when a discussion surrounding the difference between parody and satire is brought up in relation to Copyright Law. But why?
Example of Satire
The artist produced several songs that would become incredibly popular for their time. And they were all examples of either parody or satire!
For example, the artist once created a song called “Fat”. Which was a take on the hit song from Michael Jackson “Bad”. It used satire to criticize obesity using the similar tone and rhythm of Jackon’s song.
This was satire because the artist never mocks Michael Jackson’s song or the style of the song. But he uses the song’s musical composition to form the foundation of his own song.
Example of Parody
Likewise, he would also produce a take on Nirvana’s “Smells Like Teen Spirit”. In which a parody would be created as he mocked and criticized Kurt Cobain, the lead singer of Nirvana in his song, “Smells Like Nirvana.”
Weird Al made fun of Cobain’s singing. He sang about how difficult it was to understand the lyrics to the song because of the poor singing.
This was a parody because it made fun of the song specifically. And because without the song, the artist would have had nothing further to create himself in making fun of the song and the singer.
The Takeaway
As you can see, parodies are much more likely to be under the label of fair use. Because without using the original there’s little reference to the new work that is created.
Whereas the use of satire does not necessitate the original work in the same capacity. So what’s the difference between parody and satire in Copyright law?
A parody uses original works for criticism or comment. It falls under the limited protections of fair use.
Whereas satire does not require the copyrighted work in order to criticize or comment. Therefore protections under fair use have a limit if any at all.
