The Purpose and Aim of a Satire Exception in New Zealand

Abstract

John Clarke, voted favourite living Kiwi comedian, wrote “[t]he New Zealand sense of humour is said to be laconic, understated and self-deprecating”. He went on to say “the same claim is not unreasonably made for the humour of the Scots, the Irish, the English, the Australians, the Russians, the Canadians and the Ancient Greeks, among others” . We may be deprecating of our own humour via satirical commentary, but if we choose do so by use of someone elses’ copyright, we are acting unlawfully. Other jurisdictions have also been grappling with the inclusion of such an exception for satire, in 2006 Australia introduced legislation protecting satire and parody2, Canada is working through recently tabled legislation which allows it, and United Kingdom has been conducting surveys for the last five years3. In New Zealand in our recent round of copyright amendments the subject of parody and satire was mooted but not included in the legislative changes.