Film Copyright Laws: Is Parody Fair Use?

Film copyright laws are important to understand for any screenwriter. Especially when it comes to creating a parody or similar work. Under film copyright laws, fair use represents the copying of copyrighted material for transformative purposes. Generally so as to comment upon, criticize or parody the copyrighted work. Under fair use, screenwriters are able to copy the copyrighted material without seeking explicit permission from the copyright owner. But, is parody fair use under this law?

What is Fair Use?

Fair use is the copying of copyrighted material for a limited and transformative purpose. This means that, under certain interpretation, screenwriters or anyone really, have the right to copy copyrighted works to an extent.

That is, if they are doing so for the purpose of commentary and criticism or parody. So, is parody fair use? YES!

What is a Parody?

A parody is a work that purposely examines another work for the purpose of ridicule in a comic way. By nature, parody requires that some of the original copyrighted work be reused or copied.

Thus, under fair use law, many parody works can use a rather extensive amount of copyrighted original material in order to conjure up the parody or comic examination of the work.

Is Parody Fair Use?

Technically, under fair use law, parody works represent a fair and legal way of using a copyrighted material. Without seeking permission from the copyright owner.

Parody law happens to be a grey area of law you should discuss with your attorney in advance of creating a parody. Under this, publishing a parody work without first seeking permission from the copyrighted work’s owner is generally acceptable.

In order to determine if your parody falls under fair use, a copyright attorney will examine your parody work under the four factor fair use analysis to make sure that it does in fact fall under fair use. 

Four Factor Fair Use Analysis

The four factor fair use analysis is a method that is used to measure fair use in examining whether a particular work, such as a parody screenplay or film, is in fact fair use. Under fair use laws, a balanced application of four factors are required according to U.S. Copyright Act Section 107.

The four factor fair use analysis basically states that all four of the following must apply in order for a parody or other work to be considered fair use:

• The purpose and character of the use is transformative.
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• The nature of the copyrighted work.
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• The amount or substantiality of the portion used. 
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• The effect of the use on the potential market for or value of the work.

Consult a Copyright Attorney

Fair use law is not always as clear or cut and dry as one might wish. It’s important to consult with a Copyright attorney before you consider the creation of a parody film or screenplay.

Consulting with an attorney will help you to establish whether your parody ideas and or screenplay would be considered fair use. And, if not, the steps that you should take to ensure it does fall into fair use.

Parody works are generally considered fair use. But a judge can use the four factor analysis to establish their own decisions on this. In the event you face any sort of backlash from the original copyright owner for creating a parody of their work.