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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

FAIR USE IN PARODY AND SATIRE: ANALYSING THE BOUNDARIES OF CREATIVE EXPRESSION – Pranali V. Alugade & Vivek V. Yadav

Abstract:

This study examines how fair use doctrine intersects with parody and satire in creative expression, analysing the legal limits and difficulties within this realm. Fair use is a crucial exception in copyright regulations that allows the limited utilization of copyrighted content without permission for purposes like critique, analysis, journalism, learning, academic investigation, or research. Parody and satire frequently depend on fair use protections to validate their use of already existing works as a way to provide critical commentary. Nevertheless, the distinction between acceptable fair use and copyright violation in these situations is still debated and dependent on continual legal analysis.

This research examines the evolution of fair use doctrine concerning parody and satire, investigating pivotal court rulings and legislation that have influenced present interpretation. It investigates the differences between parody and satire within legal contexts and how these variances affect decisions on fair use. By closely examining prominent case studies, the paper uncovers trends in judicial reasoning and underscores the variables that impact court rulings in this field.

The study also examines modern difficulties presented by changing media environments and digital technologies, which have increased the opportunities for parody and satire while complicating conventional ideas of authorship and ownership. This paper seeks to clarify the current limits of fair use in parody and satire by combining legal precedents, scholarly discussion, and new developments. In conclusion, it examines how these limits affect artistic freedom, providing thoughts on potential advancements in this evolving field of copyright legislation.

Chapter 1: Introduction

The continuing argument about copyright law and artistic expression has been a source of dispute in legal and cultural spheres. This conversation primarily centres around the concept of fair use, a legal principle that permits the restricted use of copyrighted material under specific circumstances without needing permission. One of the most controversial and intricate applications of fair use pertains to parody and satire, which rely on incorporating and altering original works to convey their message.

Parody and satire are crucial in society, offering insightful commentary on cultural, political, and social issues through the use of humour and critique. These types of expressions frequently test the limits of appropriate use, questioning our comprehension of intellectual property rights and the boundaries of creative liberty. Therefore, they offer a distinctive perspective for analysing the changing landscape of copyright law and how it affects artistic and critical expression.

Through analysing important court rulings, laws passed by government bodies, and academic discussions, we aim to clarify the current status of fair use laws in regards to parody and satire, while also pinpointing upcoming patterns and possible advancements within this realm.