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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
A number of market features gives rise to an adverse effect on competition, says CMA.
The FBI ’Darkode’ arrests are just the tip of the iceberg. This briefing highlights risks to you in five key areas.
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.