Journalistic parody and moral rights under Australian copyright law

Parody achieves its effect through a borrowing of a text which is then satirised by placing it in an inappropriate context or by caricaturing its theme. This borrowing has been a tool of journalism from the beginnings of that profession. However, this borrowing has begun to be subject to the scrutiny of copyright law. This article examines the impact of copyright law upon journalistic parody’. Selected for particular scrutiny are parodies involving the false attribution of authorship and passing off. The article examines the impact upon journalistic parody’ of the moral rights provisions of the Copyright Amendment Bill 1997