Does the song require authorisation

The Herald touches on an exchange in Parliament yesterday:

The jury is out on whether this musically challenged attack on Key has backfired on Labour. With his tongue lodged firmly in his cheek, English wondered if the posting of the performance on YouTube made it an election advertisement backing Labour and thus requiring authorisation. Or was it an attack on Labour and therefore not requiring authorisation?

Heh, I don’t think the jury is out. I think they gave a verdict in five minutes. Labour supporters and even members tell me they are critically embarrassed and it was a hideous mistake.

But I did consult a lawyer yesterday morning about whether the song needed authorisation, and if so, whose?

On the face of it, it is an advertisement by the Labour Party urging people not to vote National and needs to be authorised by Labour.

But in reality it is so appalling, it probably “encourages” or “persuades” people not to vote Labour.

So you may have a situation when the effect of an advertisement is opposite to its intention.