Parody as an exception to copyright infringement
The case upon which the advocate-general delivered his opinion concerns Johan Deckmyn of the right-wing Vlaams Belang political party. Deckmyn distributed a calendar including an image adapted from a comic book entitled ‘De Wilde Weldoener’. In Deckmyn’s version, the mayor of Ghent is shown showering coins on immigrants. The rights holders in the original work instituted copyright proceedings in the Belgian court. Before the Brussels Court of Appeal, Deckmyn argued that the image should fall within the Belgian exception for parody, caricature and pastiche. The Belgian law reflects article 5(3)(k) of the Information Society Directive, which allows member states to introduce an exception to the reproduction right and the right of communication to the public for the purpose of caricature, parody or pastiche.
The Court of Appeal referred a number of questions to the Court of Justice of the European Union…
Click on the link below to read the rest of the Walker Morris briefing.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Department of Energy & Climate Change has published the final allocation framework for the October 2014 contracts-for-difference allocation round.
The courts have decided a number of high-profile cases this summer in which retailers have been involved in intellectual property disputes.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.