With the development of digital technologies and the popularization of the parody genre, the issue of the legality of using other people’s works to create satirical or comical variations has become particularly relevant. However, many people mistakenly believe that any change to the text or addition of a humorous element automatically allows the work to be used freely without the author’s permission. The law, however, requires a much deeper analysis. In this article, we will look at the specific conditions that allow parodies to be created without the consent of the copyright holder, why the context of use matters, and what the legal consequences of copyright infringement may be.
What is a parody and when is it legal to create one?
Parody is a work that is comical or satirical in nature in relation to events, persons, or a lawfully published work or part thereof, created, including as a result of creative adaptation of such a work or part thereof, and evokes associations with events, persons, the work, or part thereof.
According to Part 2 of Article 22 of the Law of Ukraine “On Copyright and Related Rights” (in the current version – hereinafter referred to as the Law), the free use of lawfully published works is permitted free of charge and without the consent of the copyright holder for the creation of new works in the genre of parody.
However, for example, the mere replacement of the original text with new text – without changing the musical part – is not a sufficient criterion for qualifying a new work as a parody. Current Ukrainian legislation is not limited to formal signs of adaptation, but requires the presence of clearly defined semantic and artistic features, which include:
- comic or satirical orientation;
- substantive connection with the original (associative connection);
- critical, ironic, or expository content regarding the work, event, or person.
In other words, for a new work to be legally classified as a parody, it is not enough to simply make technical changes to the lyrics of a song. The content of the newly created work must meet the genre criteria for defining parody as a form of artistic expression that provides a meaningful and comical interpretation of the original work or aspects thereof.
In addition, Part 4 of Article 22 of the Law stipulates that free use is permitted only if such adaptation does not prejudice the normal use of the work and does not unreasonably prejudice the legitimate interests of the copyright holder. Most importantly, the list of cases of free use of works specified in Articles 22-28 of the Law is exhaustive, i.e., it does not provide for any additions, interpretations, exceptions, or other options other than those specified in these articles. This provision serves as an additional criterion for assessing the legality of parody: even if there is a satirical element, the use of the original musical accompaniment without changes may be considered an infringement if it adversely affects the commercial value or reputation of the original work.
Therefore, the Law allows the creation of parodies without the permission of the copyright holder, but only if there are actual signs of the genre, and not just a formal reworking of the text, which must be assessed taking into account all the circumstances of the specific case.
What to do if the author expressly prohibits the use of their work?
There is a common misconception that if a parody falls within the requirements of the law, it is permitted regardless of the author’s wishes. However, if the author has expressly prohibited the use of the work in any form, even the creation of a parody may be challenged. In such cases, the court, weighing the balance of interests, may side with the copyright holder, especially if the use is harmful to the business reputation, commercial value, or is offensive.
When is copyright infringement recognized in court and what are the consequences?
The basis for recognizing a copyright infringement in court is any infringement of the personal non-property and/or property rights of the copyright holder or related rights holders (performers, phonogram producers), as well as the non-recognition, contestation of such rights, or the creation of a threat of infringement. The law expressly defines as infringements, in particular, the use of an object of copyright or related rights outside the scope of free use as defined by the Law (Articles 22-28) or in violation of the terms of the relevant license (Article 53 of the Law).
Civil law protection of the rights of right holders provides for the possibility of recourse to the courts by persons who own copyright, exclusive rights to use a work or rights to a share of remuneration, as well as collective management organizations. Any claims not prohibited by law may be brought, in particular for recognition of rights, cessation of unlawful acts, compensation for damages, compensation for moral damage, and publication of decisions in the media (Article 55 of the Law).
The court may decide to award compensation in a fixed amount in lieu of damages or income received by the infringer. The amount of compensation shall be determined within the limits of 2 to 200 minimum subsistence levels, or as double or, in the case of intentional infringement, triple the amount of remuneration that could have been paid for the lawful use of the work. The law stipulates that such compensation must be effective, proportionate, and dissuasive, but must not create obstacles to the legitimate activities of users (Article 55(3) of the Law).
In addition, the court has the right to decide on the seizure or confiscation of all copies of the work produced or distributed in violation of copyright, as well as the materials and equipment used for their production. If the infringement is proven, the court may also order the infringer to publish information about the infringement at their 
own expense and impose a fine of 10% of the amount awarded to the copyright holder. If the infringement is found on the Internet, it is permissible to remove such content with a note about the copyright infringement, etc.
Therefore, parody is not just a change in text or the addition of humor. It is an artistic form that must meet genre requirements, evoke associations with the original, and not harm the author’s rights. The law clearly regulates the limits of what is permitted, and free use is allowed only under strictly defined conditions. If the author has expressly prohibited any use — even comical or satirical — such use may well be considered an infringement. It is important not only to understand the legal nuances, but also to consult with experts before publishing parodic content to avoid legal consequences. Contact our team to get answers to all your questions.
