A few weeks ago, a famous Taiwanese talk show host, Brian Tseng, introduced a joke music video <TAIWAN> which mimicked Liu Leyan’s music video <CHINA> with his company—STR Network—the video involved a controversial issue. The question is, does the comical adaptation infringe copyright?
As mentioned in the infringement statement submitted by Mr. Wu Jiancheng—the composer of the original video—the adaptation of the music video is based on the mocking of the original music video, which is merely reasonable use of political freedom of expression and does not infringe. Because of its copyright, the adaptation music video will not be taken down at this time, but the original composer’s creative information will be added to show some respect.
Exploring STR Network’s adaptation of the original music video, whether in terms of music, casting, or even presentation, it has a certain degree of similarity to the original. In other words, the adapted music video may be connected to parody in the copyright, i.e. by changing the way others wrote it to achieve a humorous, sarcastic or comic effect. But the current practice still does not have enough jurisprudence and sufficient court insights. Thus, if you want to determine whether the parody is indeed a tort, you would need to continue to observe the case’s development in the future.