Ruth Flaherty (University of East Anglia), “The benefits of a recognised parody exception in UK law following the Hargreaves Review of IP – will it enable greater creative freedom under the fair dealing exceptions to copyright infringement?”
This paper discusses why parodies are important and will criticise the arguments that have been raised through the legislation and case law of the UK and the US prior to the implementation of the new law (s30A Copyright Designs and Parents Act 1988). The US Fair Use defence is more logical and offers greater protection for creativity than the UK Fair Dealing exception, but that as per the Hargreaves Report the cost of implementing it into British law is too high to be economically feasible, and as such importing the best parts of Fair Use into the Fair Dealing exception is advisable. The outcome of these cases is compared to their likely outcome under the new legislation. In conclusion, although there are improvements under the new law, it has not, and will not, benefit creativity in the area of comedic criticism as strongly as some supporters suggest.