In a world full of memes, some may be surprised to know that New Zealand’s copyright laws do not include an exception to infringement when copyright works are used for the purposes of parody or satire.

The Copyright (Parody and Satire) Amendment Bill, recently introduced to Parliament by a Green Party MP, aims to address this gap by adding such an exception. However, it remains uncertain whether the bill will progress in its current form, particularly in light of a possible larger-scale holistic copyright law reform in the pipeline.  

Our current copyright law

Unlike some of our international trading partners, New Zealand’s copyright law does not have specific copyright infringement exceptions for parody or satire.  

Parody is commonly understood as a humorous imitation that includes exaggeration for comic effect, while satire uses humour, irony or exaggeration to expose and criticise flaws in individuals, ideas or society. 

This means that currently, anyone wishing to reproduce a copyrighted work for these purposes must either obtain permission from the copyright owner or rely on existing exceptions in the Copyright Act 1994 (the Act), such as those for criticism, review, or news reporting. Without permission or a valid exception, reproducing a work for parody or satire—whether in advertisements, publications, or on social media—would constitute infringement.

What does the Bill seek to change?

The Bill contains little detail beyond the introduction of a new section 42A in the Act, which provides that fair dealing with a literary, artistic, dramatic or musical work does not infringe copyright if the purpose is for parody or satire.

The Explanatory Note to the Bill emphasises that the amendment seeks to enhance freedom of speech and adapt to today’s more digital world to make New Zealand a fairer, more democratic and modern society. However, while the intent is clear, the lack of detail in the Bill raises questions about the scope of the proposed exception and how it will be applied in practice if enacted.

If the Bill is passed, it would align New Zealand’s copyright laws more closely with other key trading partners such as Australia, the United States and the United Kingdom, who already have similar exceptions for parody and satire.  

How likely is it that the Bill will progress?

While the Bill has noble intentions, previous attempts to introduce similar reforms have stalled, and the ongoing review of the Act adds further uncertainty to its future. 

In 2018, National MP Simeon Brown introduced a similar Member’s bill, but it was not passed. This followed Green MP, Gareth Hughes’ attempt in 2011, which was withdrawn after the government’s announcement of the full review of the Act that is now underway. Back in 2008, the Labour-led government also proposed a review of a potential parody and satire exception, but, after a change in power, the review went nowhere. 

Despite these unsuccessful attempts, the efforts reflect potential cross-party consensus. It is therefore possible that bipartisan backing may increase the likelihood of the Bill being passed. 

In our view, it is questionable whether it is appropriate for the Bill to progress in its current form given the lack of detail. In addition, the Act is already undergoing a comprehensive review by the Ministry of Business, Innovation and Employment (MBIE), which could lead to a more holistic approach to copyright law reform.

The exception for parody and satire is one of the key topics for consideration in the review, as highlighted in the MBIE’s Review of the Copyright Act 1994 Issues Paper (2018), with numerous public submissions made on the topic too. The introduction of the Bill therefore seems premature, and it may be more appropriate for it to take a back seat and be considered as part of the overall reform of the Act instead.

Moving forward

We will continue to monitor progress of the Bill with interest.

If you have any questions about the Bill or the current review of the Copyright Act, please get in touch with one of our experts.

Special thanks to Priya Prakash for her assistance in writing this article.