Ipse Dixit

Sarah Hook on Fair Dealing and the Concept of Parody


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In this episode, Dr. Sarah Hook, a lecturer at Western Sydney University School of Law, discusses her article "Dealing fairly with parody : how literary theory can inform legal definitions," which was published by the Australian Intellectual Property Journal. Hook begins by describing the concept of "fair dealing" under Australian copyright law and how it differs from the concept of "fair use" under United States copyright law. She explains the recent origin of "parody" as a category of fair dealing, and the current uncertainty about the meaning of parody under Australian law. She observes that literary theory offers sophisticated and helpful definitions of parody, and argues that Australian courts should look to those scholarly definitions in developing the legal concept of parody. Hook is on Twitter at @DrSarahHook.

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