New Zealand comedians and critics may be able to poke fun at and critique the world more freely if a Bill to amend the Copyright Act is passed. The Green Party’s Copyright (Parody and Satire) Amendment Bill was introduced on 7 November 2024. The purpose of the Bill is to amend the Copyright Act 1994 to provide that fair dealing with a work does not infringe copyright if the purpose is for parody or satire. This change would bring New Zealand law in line with other jurisdictions, including Australia, the US and various European nations.
The lack of an express exception for parody and satire in the current Act was the subject of multiple submissions to MBIE’s review of the Copyright Act in 2019. Issues raised in submissions included:
- the social and cultural importance of parody and satire, including as tools for social commentary;
- the tendency for unauthorised use of copyright for parody and satire to be tolerated in practice;
- New Zealand being out of step with other countries, disadvantaging New Zealand comedians and other entertainers and reducing access to content; and
- an example of an overseas production (a burlesque show entitled the “Empire Strips Back”) being put off from performing in New Zealand due to copyright risk.
It remains to be seen whether other parties will get behind the Bill or whether satire will remain no laughing matter in New Zealand.