• Latest
    • AI
    • Careers
    • Diversity
    • Future of IP
    • INTA 2024
    • Law firm news
    • Standard-essential patents
    • Trade secrets
    • Unified Patent Court
  • Patents
  • Trademarks
  • Copyright
  • Jurisdiction reports
  • Rankings
    • About Rankings
    • China Rankings
    • Germany Rankings
    • Global Rankings
    • UK Rankings
    • USA Rankings
    • Diversity & Inclusion Top 100 2025
    • Leaders 2024
    • Company Directory
  • WIPR Insights
    • Magazines
    • Whitepapers
  • Events
    • Conferences
    • Conference Videos
    • Webinars
  • About
  • Contact
  • Newsletter
  • Login
  • Subscribe
  • Home
  • About
  • Contact
  • Newsletter
  • Login


Subscribe
  • Home
  • Copyright
  • AIPPI 2016: Warner discusses challenges for parody works
shutterstock-862688-web
David M. Albrecht / Shutterstock.com
21 September 2016Copyright

AIPPI 2016: Warner discusses challenges for parody works

"Just because something is transformative, doesn't make it fair use," said Dale Nelson, vice president and senior intellectual property counsel at Warner Brothers Entertainment, at an industry conference.

In a panel session at the 2016 AIPPI World Congress in Milan yesterday, September 20, satire and parody were discussed from an IP perspective.

Nelson explained the challenges of creating parodies in the US in relation to different types of IP: "Using a copyrighted work in a parody can sometimes qualify as a fair use, which is a defence to a claim of copyright infringement."

She added: "Using a trademark in a parody sometimes does not create a likelihood of confusion, which can defeat the claim of trademark infringement."

By using an example from the US Supreme Court in the Campbell v Acuff-Rose Music case in 1994, she further explained the US courts' definition of parody as "the use of some elements of a prior author's [work] to create a new one that, at least in part, comments on the author's work".

Making a clear distinction in the session, Nelson explained that a parody uses a work to comment on that same work, whereas a satire uses a work to comment on something else.

"Either can be fair use, but satire requires more justification for the act of borrowing," she explained.

She discussed the definition of transformative, explaining that the new work must add something new and alter the first with a new expression, meaning or message.

The session covered copyright, trademark and dilution.  The 2016 AIPPI World Congress ended yesterday.

Already registered?

Login to your account


If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.

For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk




Editor's picks

AI, lipstick deals and mental health: What’s on CITMA president’s radar?
Trademarks
AI, lipstick deals and mental health: What’s on CITMA president’s radar?
9 May 2025

Editor's picks

Trademarks
AI, lipstick deals and mental health: What’s on CITMA president’s radar?
9 May 2025
Patents
US-China tariffs: What hope is there for IP rightsholders?
1 May 2025
Trademarks
Thatchers, Skykick and dupes: What’s on a fashion IP influencer’s radar?
30 April 2025
Patents
Why US patent reform is ‘essential’ for US economic prosperity and security
28 April 2025
Patents
G1/23 ruling: Why a pending EPO decision threatens decade-old products
28 April 2025
Diversity
WIPR Diversity & Inclusion reveals Top 100 People in IP for 2025
23 April 2025

More articles

Tesla ‘Robotaxi’ and ‘Cybercab’ TMs rebuffed by USPTO on eve of launch
UK-India trade deal is ‘missed opportunity’, say industry bodies
AI, lipstick deals and mental health: What’s on CITMA president’s radar?
INTA 2025: San Diego to host largest post-COVID Annual Meeting
Iconix, dupe culture and the risk of post-sale confusion
'Nothing can stand in the way of our work': Ukraine resumes IP system
Wouter Pors leaves Bird & Bird for boutique Dutch firm
US-China tariffs: What hope is there for IP rightsholders?

  • Home
  • News
  • Directory
  • About us
  • Contact
  • Privacy Policy
  • Terms of Use
  • Terms of Subscription

WIPR
Newton Media Ltd
Kingfisher House
21-23 Elmfield Road
BR1 1LT
United Kingdom

  • Twitter
  • Linkedin