Abstract: The paper opens with the brief facts and judgement of Campbell v. Acuff-Rose Music, Inc. The case is vital to introduce copyright law and its extension to parodies. The author has divided the paper into five parts, inclusive of the introduction and conclusion. The first part lays the foundation for the paper. The second part deals with copyright protection and gives a detailed analysis of its requirements – originality of works and expression of thoughts. In the third part, the author has provided an insight into one of the defences of copyright infringement. This part focuses on both fair use, as is prevalent in the United States, and the doctrine of fair dealing that is followed in the United Kingdom and India. The author elaborates upon the four factors of fair use. The fourth part looks at parodies and gives a justification about why they are protected from the accusation of infringement. In this part, the author has also distinguished between parodies and satire. The author hopes that the paper will provide clarity of concept, and promises not to file a suit in case a parody is made.
Author: Chaitali Wadha is pursuing an L.L.M from the National Law University, Delhi. The author may be contacted at firstname.lastname@example.org.
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