Parody and Copyright in Italy, the EU and the UK

Last updated: October 2026 — by Avv. Claudia Roggero, Rome Bar since 2003, entertainment and copyright law, DANDI.media

Satire, comedy and mockumentary all borrow from other works: a famous scene re-enacted, a song rewritten, a character turned upside down. Parody only works if the audience recognises the original, which means it always touches someone else’s copyright. Whether that needs a licence depends on the country, and Italy is less generous than many producers expect.

The EU framework and the Deckmyn case

The EU Copyright Directive of 2001 (Article 5(3)(k)) allows, but does not require, member states to create an exception for caricature, parody or pastiche. In Deckmyn v Vandersteen (C-201/13, 3 September 2014) the Court of Justice made “parody” an autonomous concept of EU law, with two essential features: it must evoke an existing work while being noticeably different from it, and it must be an expression of humour or mockery. It does not need to be original in itself, or to mock the original work rather than something else.

The Court also required a fair balance between the rights of the author and the freedom of expression of the person making the parody. In Deckmyn, a political calendar had reworked the cover of a famous Belgian comic in a way the rightholders saw as discriminatory, and the Court held that they have a legitimate interest in not having their work associated with a discriminatory message. That limit applies whatever the national rules.

Italy: no general exception

Italy has not adopted a general parody exception in its Copyright Act. Since 2021, with the implementation of the Digital Single Market Directive, the exception for caricature, parody and pastiche appears only in Article 102-nonies, and only for users uploading content to online content-sharing platforms such as YouTube or TikTok. Platforms must allow those uploads and give users a way to challenge automated blocks.

For a film, a series or a television programme, there is no specific provision. Italian courts assess parody case by case, mainly through the quotation exception for criticism and discussion (Article 70) and the balance between copyright and freedom of expression; the Court of Cassation applied that balancing approach in a 2022 decision. In practice, a parody that clearly transforms the original, takes no more than it needs and does not compete with it has good arguments. A use that simply reproduces a recognisable work to entertain is much more exposed.

Moral rights add a second layer. In Italy authors can object to modifications that harm their honour or reputation, and that right cannot be waived. Most parody does not reach that threshold, but parody that distorts a work in a degrading way can. See our guide to moral rights in film.

The United Kingdom: fair dealing since 2014

Since 1 October 2014 the UK Copyright, Designs and Patents Act (section 30A) allows fair dealing with a work for the purposes of caricature, parody or pastiche. Whether a use is fair depends on how much is taken, whether it competes with the original and whether the amount is justified by the purpose. Moral rights in the UK can be waived and are narrower than in Italy. After Brexit the UK keeps this rule, and UK courts are no longer bound by later decisions of the Court of Justice.

Parody, caricature and pastiche

The three terms overlap but are not the same. Parody imitates a work to make fun of it or to comment through it. Caricature exaggerates or simplifies, often to mock a person or an idea. Pastiche imitates a style, a genre or a period, often without any satirical intent. The more a use looks like pastiche of a specific work rather than of a style, the harder it is to defend.

What this means for a production

• Identify each borrowed element: a scene, a song, a character, a poster. Each one is assessed separately.
• Check every country in the distribution plan. A sketch that is fair dealing in the UK may need a licence for release in Italy.
• Take only what the joke needs, and make the transformation visible.
• Music needs special care: a rewritten song still uses the composition, and a recognisable recording also involves the master.
• Document the reasoning for each element: E&O insurers will ask for it, and where the position is uncertain, a licence is usually cheaper than a dispute.

For short clips used in comedy and documentaries, see also our guide to the seven-second rule myth and our clip clearance service.

How we can help

DANDI.media | Entertainment Law & Co-Production Strategies advises producers, broadcasters and platforms on parody, satire and the use of existing works in Italy: risk assessment before production or release, licence negotiations, moral rights questions, platform disputes and defence against infringement claims. Foreign law firms instruct us on the Italian side of a wider clearance. Book a consultation.

FAQ

Is there a parody exception in Italian copyright law?

Only for users uploading content to online platforms (Article 102-nonies of the Copyright Act). For films and TV programmes, Italian courts assess parody case by case, mainly through the quotation exception and freedom of expression.

What counts as a parody under EU law?

According to the Court of Justice in Deckmyn, a parody must evoke an existing work while being noticeably different from it, and express humour or mockery.

Can a rightholder object to a parody?

Yes, in some cases. The rightholder has a legitimate interest in not having the work associated with a discriminatory message, and in Italy the author can object to modifications that harm their honour or reputation.

Is UK fair dealing for parody valid in Italy?

No. Copyright is territorial: a use that is fair dealing in the UK must be assessed again under Italian law for release in Italy.

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