Copyright — nature and meaning of the concept of parody
By the opinions published on 22 May, advocate-general Pedro Cruz Villalón of the European Court of Justice ruled on the nature and meaning of the concept of parody, as defined in Directive 2001/29, in response to questions proposed by the Belgian Court of second instance, indicated below:
- Whether the concept of ‘parody’ is an autonomous concept of the European Union law
- If so, whether a parody has to satisfy the following conditions or conform to the following characteristics: have an own original character (originality); and such that the parody cannot reasonably be ascribed to the author of the original work; be designed to provoke humour or to mock, regardless of whether any criticism thereby expressed applies to the original work or to something or someone else; mention the source of the parodied work
- Whether a work has to satisfy any other conditions or conform to other characteristics in order to be capable of being labelled as a parody…
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