A proposed new law could give comedians clearer guidelines for staying within the law when it comes to satire referring to other art. Photo: Supplied/ Tim Green - CC BY 2.0
A proposed law change would give comedians some leeway when they're using other works of art to make their humorous point - but it's not a free pass, a professor of law says.
Green Party MP Kahurangi Carter's Copyright (Parody and Satire) Amendment Bill was pulled from the ballot yesterday.
If passed, it will allow people to use a copyright work for satire or parody, such as memes.
Te Herenga Waka, Victoria University of Wellington Professor of Law Graeme Austin said New Zealand's history of copyright law reform process had gone on for some years, "in stops and starts".
"I'm pretty sure this would have made its way into an overall reform, but governments have different priorities, and we haven't moved very far on this."
In 2018 the Ministry of Business, Innovation and Employment conducted a review of New Zealand's copyright law, while opposition MP Simeon Brown also introduced his own Bill, to widen existing exceptions to copyright owners' rights to cover parody and satire.
"It's a big process and it takes time, and this is why we've seen a couple of attempts to bring it - this is just the latest one," Austin said.
The Greens' amendment would be a popular bill, and likely to be cross-party, he said.
Green MP Kahurangi Carter is championing the Bill Photo: Kahurangi Carter
"We all like comedy, one thing this bill will do is it will give comedians a bit more breathing space when they're using other works to make a humorous point."
He said the amendment supports freedom of expression but it's not carte-blanche for comedians to poke fun at everyone.
"It's important for a free society to poke fun at politicians and public figures, but also, it's not all one sided - because copyright itself is an engine of free expression because it provides the economic incentives for people to create, and invest [in art]."
Courts overseas had "played it pretty carefully", and it was important not to overstate the significance of the bill, he said.
"It's not a defence for parody or satire, it's a defence for fair uses of works, with the purposes of parody or satire. It's not a free pass for comedians, by any means."
Meanwhile, a comedian said the proposed law change would be important for everyone on social media, as well as artists.
Tom Sainsbury, who is known for his impersonations of politicians including Paula Bennett, Simon Bridges and Judith Collins, said people, including himself, could be "blissfully unaware" that they could be breaking the law as it stood now.
"Young people who might break the law without even realising it. It's important now, when everyone's got their phone and everyone can make content and put it out to the world."
Satire was an important part of "a healthy society", he added.