Musical Borrowing
An Annotated Bibliography

Individual record

[+] Deazley, Ronan. “Copyright and Parody: Taking Backward the Gowers Review?” The Modern Law Review 73 (September 2010): 785-807.

In the United Kingdom, the Copyright Designs and Patents Act 1988 does not except parody from copyright violation. Since then, both the Gowers Review of Intellectual Property in 2006 and the Intellectual Property Office in 2008 stated that including an exception for parody would be in the best interests of producers and consumers. In 2009 the Intellectual Property Office reversed their position, rejecting an exception for parody. Yet such an exception should be made, as demonstrated by considering the conditions for parodic use under the current laws and the arguments for and against the exception of parody. In certain situations, direct borrowing of significant portions of music is necessary for the success of the parody, and often the necessity directly depends on various factors surrounding each individual case; this is where copyright fails to protect the parodist.

Works: Rick Dees: When Sonny Sniffs Glue (792); 2 Live Crew: Pretty Woman (792); Saturday Night Live: I Love Sodom (794).

Sources: Jack Segal and Marvin Fisher: When Sunny Gets Blue (792); Roy Orbison: Oh, Pretty Woman (792); Steve Karmen: I Love New York (794).

Index Classifications: 1900s, Popular

Contributed by: Nathan Landes

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