A proposed new law could give comedians clearer rules to comply with the law when it comes to satire that references other arts.
Photograph: Provided/ Tim Green – CC BY 2.0

A proposed law change would give comedians some leeway when using other works of art to make a humorous point, but it’s not a free pass, a law professor says.

Copyright of Green Party MP Kahurangi Carter (Parody and Satire) Amendment Bill withdrew from the ballot box yesterday.

If passed, it would allow people to use a copyrighted work for humor or parody purposes (like memes).

Victoria University of Wellington Law Professor Graeme Austin Te Herenga Waka said the history of New Zealand’s copyright law reform process had been a series of “stops and starts” for several years.

“I’m pretty sure this will lead to general reform, but governments have different priorities and we haven’t gone very far on this.”

In 2018, as the Ministry of Business, Innovation and Employment reviewed New Zealand’s copyright law, opposition MP Simeon Brown also introduced his own bill to extend existing exceptions to copyright holders’ rights to parody and satire.

“This is a big process and it takes time, and that’s why we’ve made several attempts to make this happen – this is just the last one,” Austin said.

He said the Greens’ amendment would be a popular bill and would likely be cross-party.

Green MP Kahurangi Carter supports the bill
Photograph: Kahurangi Carter

“We all love comedy, so one of the things this bill will do is give comedians a little more breathing room when using other works to make a humorous point.”

He said the amendment supports free speech, but it’s not carte blanche for comedians to make fun of anyone.

“It’s important for a free society to make fun of politicians and public figures, but it’s also not one-sided – because copyright itself is an engine of free expression because it provides economic incentives for people to create and invest (in art).”

He said courts abroad were “being quite careful” and that it was important not to exaggerate the importance of the bill.

“This is not a defense of parody or satire, but a defense of the fair use of works for the purpose of parody or satire. This is by no means a free pass for comedians.”

Meanwhile, a comedian said the proposed law change would be important for everyone on social media as well as artists.

Tom Sainsbury, known for impersonating politicians including Paula Bennett, Simon Bridges and Judith Collins, said people, including himself, may be “blissfully unaware” that they may have broken the law as it stands.

“Young people who may be breaking the law without realizing it. This is very important in an era where everyone now has a phone and everyone can create content and present it to the world.”

He added that satire is an important part of a “healthy society”.