Relationship Between International Law and Municipal Law MIR.pdf
Parody of musical composition
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PARODY OF MUSICAL
COMPOSITION
S. Hari Vallabie
1 Parody of Musical Composition
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
What is Copyright?
Copyright is the ownership of an
intellectual property within the limits
prescribed by a particular nation's or
international law. It is a legal right created
by the law of a country that grants the
creator of an original work exclusive rights
for its use and distribution. The exclusive
rights include :-
Reproducing the work. To Prepare
derivative works based on the work.
Distribute copies of the work to the public2 Parody of Musical Composition
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
What is Copyright
Infringement
What is Parody?
Parody has been defined as "writing in which the language
and style of [another] author or work is closely imitated for
comic effect or ridicule, often with certain peculiarities
greatly heightened or exaggerated."'
Parody is “the humorous use of an existing song, play, or
writing which changes the words to give farcical and ironic
meaning.” Usually its common to give a satirical meaning.
Parody has long been a viable part of entertainment. It allows
for comment, criticism, and humor of an existing work.
Comedy sketches poking fun at an existing TV show or a
popular song have proved to be important forms of art.3 Parody of Musical Composition
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
IS PARODY ALLOWED?
4 Parody of Musical Composition
Under Federal Copyright law, the owner of a copyright has certain
exclusive rights to the use of their copyrighted works, including the
right to make derivative works - works that are based upon or use
elements of the original, but incorporate new elements or changes.
One exception to this exclusive right has been the right of others to use
part of the work for purposes of criticism, comment, news reporting,
teaching, scholarship or research which would be considered a "fair
use." Such fair use has traditionally included the right to parody or
satirize the original work as such use has a public benefit of comment
and criticism, and because the parody, generally, does not compete
with the original, as it appeals to a different audience.
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DOCTRI NE OF FAI R USE
5 Parody of Musical Composition
The doctrine of fair use developed over the years as courts tried to
balance the rights of copyright owners with society's interest in
allowing copying in certain, limited circumstances. This doctrine has
at its core a fundamental belief that not all copying should be banned,
particularly in socially important endeavors such as criticism, news
reporting, teaching, and research. the Fair Use Doctrine provides a
way for someone to use a copyrighted work—such as a photograph,
song, or film clip—without having to obtain the copyright owner’s
permission first, and without getting in trouble for copyright
infringement. The most common types of Fair Use involve criticism
or commentary [Campbell v. Acuff-Rose Music, Inc.]
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
UK
The concept of Parody has been in existence from the 14th
century
and its not a new one. And the very purpose of having a media is
entertainment. UK Copyright Law, implementing the EU
Copyright Directive, provides an exception to copyright ‘for the
purposes of caricature, parody or pastiche’. This means that in principle
it is possible to create parodies that re-use works protected by
copyright without having to obtain permission from the rightsholders.
However, it is important to note that the use of copyright works for
parody purposes is only allowed insofar as it can be considered ‘fair
dealing’.
However, the UK court lays down certain principles while following
the same:
1. Permission should be sought when possible
2. Consider the substance of work copied
3. Commercial harm
4. The importance of freedom of expression
6 Parody of Musical Composition
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INDIA
7 Parody of Musical Composition
The fair use of copyrighted works for purposes such as criticism or
comment is not an infringement of copyright.
But, In the case of a parody, it is not just copyright law which could
come into play but also tort law and general criminal law, including
the law of defamation, depending on content of the parody.
Parodies are neither explicitly allowed nor disallowed under the
Copyright Act. In the case of Civic Chandran, [1996 PTR 142], the
Kerala High Court had held that a ‘counter drama’ of a play — which,
from the decision, appears to have been in the nature of a parody —
did not infringe the copyright in the play. However, there is no body
of case law in India allowing parodies across the board.
Indian case of RG Anand v. M/s Deluxe Films, 1978, the Supreme Court
had stated that: ‘Where the theme is the same but is presented and
treated differently so that the subsequent work becomes a completely
new work, no question of violation of copyright arises.’
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INDIA
8 Parody of Musical Composition
Section 52(1)(a) of the Copyright Act, which Section allows for
persons to engage in fair dealing with a work for certain specified
purposes (like criticism and review) without the permission of the
rights owner.
Section 107 of the Copyright Act delineates a nonexclusive list of four
factors to assist courts in determining whether a given use of a
copyrighted work is fair. The factors include: 1. The purpose and
character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes; 2. The nature of the
copyrighted work; 3. The amount and substantiality of the portion
used in relation to the copyrighted work as a whole; and 4. The effect
of the use upon the potential market for or value of the copyrighted
work
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• There are other forms of Fair use of musical
composition like:
Mashup
Soramimi
Parody
Pastiche
Victorian burlesque
Comedy rock
Composer tributes (classical music)
9 Parody of Musical Composition
OTHER FORMS OF FAIR USE
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Open the links to see the different kind of parody
BRUNO MARS- UPTOWN FUNK PARODY
https://www.youtube.com/watch?v=OPf0YbXqDm0
https://www.youtube.com/watch?v=sNK2qwx99Hc
GANGNAM STYLE PARODY
https://www.youtube.com/watch?v=9bZkp7q19f0
https://www.youtube.com/watch?v=dg5LQwpTk1w
TWINKLE TWINKLE LITTLE STAR
https://www.youtube.com/watch?v=Rj2QkLaaj2E
https://www.youtube.com/watch?v=T_XpbmWm0NI
EXAMPLES OF PARODY
10 Parody of Musical Composition
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Now the question is whether Parody amounts to plagarism
1. Two important aspects to keep in mind when comparing
plagiarism to parody are ownership and imitation. In the
instance of plagiarism, one artist has taken the work of
another artist and written his own name on it, thus
attempting to pass someone else’s work as his own. The
two works are identical except when considering who
“owns” them. In the instance of parody, one artist has
created a product based on another artist’s work but has
ridiculed or commented on aspects of it in such a way as
to make both creations separate products. The parody
imitates the original but does not copy it exactly.
11 Parody of Musical Composition
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHY IS PARODY ALLOWED?
A parody is a work that ridicules another, usually
well-known work, by imitating it in a comic
way. Judges understand that, by its nature,
parody demands some taking from the original
work being parodied. Unlike other forms of fair
use, a fairly extensive use of the original work is
permitted in a parody in order to “conjure up”
the original.
12 Parody of Musical Composition
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ConClusion
Bottom line: Courts (and lawyers!) often struggle in
parody cases to determine whether to classify as fair
use (no permission needed) or a derivative work
(permission needed) by using multi-factor balancing
tests. There are no bright line rules here so proceed
with caution.
The fair use of copyrighted works for purposes such
as criticism or comment is not an infringement of
copyright.
13 Parody of Musical Composition
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
14
Parody of Musical Composition
*This is also a meme parody, the original quote being
“one does not simple walk into mordor” in Lord of the
rings.
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DisClAiMER
Any copyr ight ed mat erial in t his
pr esent at ion is used in f air use f or t he
pur pose of st udy, review or cr it ical
analysis only, and will be r emoved at t he
r equest of t he copyr ight owner (s).
15 Parody of Musical Composition