Parody on Copyrighted Works Could Be Infringement? II

the poster of the parodic World of Warcraft

By Albert Chen

II. Is it necessary infringing of parody?

Just like analyzed above, the “transformative use” may be the re-creation basing on the ideas, and also could be the re-creation relying on the “expression”. Therefore, the infringement of parody could not be determined in general and should be considered in situations.

1. The parody with transformative use of idea

The basic principle of Copyright Law is to protect the expression while such protection will not extend to the idea which is not detailed by the expression. Surely, there has regulated no specific standard or border between the abstract of idea and the concrete of expression, and that makes the judgment depend on the case analysis.