Legal Definitions - parody

A parody is a creative work that imitates another existing work in a humorous, exaggerated, or satirical way. Its primary purpose is often to comment on, criticize, or poke fun at the original work, its creator, or a broader cultural phenomenon associated with it. In the United States, parody receives protection under the First Amendment as a form of free expression.

Because parodies necessarily borrow elements from the original, they often rely on the legal concept of "fair use" to avoid claims of copyright infringement. Courts typically consider several factors when determining if a parody qualifies as fair use, including whether the parody transforms the original work with new meaning or message, the nature of the original work, how much of the original work was used, and whether the parody harms the market for the original. Generally, parodies that offer genuine commentary or criticism are more likely to be considered fair use than those created purely for commercial gain without a transformative message.

Here are some examples to illustrate the concept of parody:

• Example 1: Literary Parody
  A new novel titled "The Quest for the Lost Sock" is released. It features a sprawling world, an ancient prophecy, a reluctant hero, and a fellowship of diverse characters, all presented with an extremely serious and verbose narrative style. However, the entire plot revolves around the trivial search for a missing sock, and the "ancient evil" is a particularly stubborn lint trap.

  How it illustrates parody: This novel parodies the established tropes, narrative structure, and serious tone of epic fantasy literature. By applying these grand elements to a mundane and absurd quest for a sock, the novel exaggerates and ridicules the conventions of the genre, offering a humorous commentary on its often grandiosity and predictability.

• Example 2: Visual/Advertising Parody
  A local bakery launches an advertising campaign for its new line of artisanal bread. One billboard features a stark black background, a single loaf of bread dramatically lit, and the tagline "Just Do Eat." The font and overall minimalist aesthetic are strikingly similar to Nike's iconic "Just Do It" campaign.

  How it illustrates parody: This billboard parodies Nike's famous advertising style. It borrows the recognizable slogan structure, font, and minimalist visual branding to create a humorous juxtaposition. The parody comments on the aspirational and often serious tone of athletic wear advertising by applying it to something as everyday as bread, making light of both the original ad's intensity and the bakery's own product.

• Example 3: Online Content/Social Commentary Parody
  A popular YouTube channel creates a series called "Historical Hot Takes." In one episode, an actor dressed as Abraham Lincoln delivers the Gettysburg Address, but intersperses it with phrases like "no cap," "it's giving freedom," and "periodt," while occasionally checking a non-existent phone.

  How it illustrates parody: This video parodies the solemnity and historical significance of classic speeches by injecting modern, informal language and mannerisms. It exaggerates how historical figures might sound if they were contemporary social media influencers, thereby commenting humorously on the evolution of communication, the reverence given to historical texts, and the often casual nature of modern discourse.