Parody: a defence for the defenceless satirist

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Periodical article

Title:	Parody: a defence for the defenceless satirist
Author:	Ng'ambi, Sangwani Patrick
Year:	2010
Periodical:	Zambia Law Journal (ISSN 1027-7862)
Volume:	41
Pages:	1-22
Language:	English
Geographic term:	Zambia
Subjects:	satire freedom of speech intellectual property private law
Abstract:	Parodies have a rather anomalous position in Zambian intellectual property law. Unlike other jurisdictions, such as the United States, where parodies are protected by the fair use defence, Zambian statutory law does not accord any special treatment to parodies. Furthermore, parody has no protection under the common law. The Zambian Trade Marks Act, and the Copyright and Performance Rights Act, as they stand, impair the parodist's constitutional right to freedom of expression (article 20 of the Constitution of Zambia). The author puts forward a working definition of parody and then discusses the inflexible judicial approach to parody before recommending that Parliament introduce legislation providing for parody as an outright defence to copyright infringement and passing off. Ref. [ASC Leiden abstract]