parody and copyright law caterina niccolai ip lawyer italy

Parody and Copyright LawCaterina NiccolaiIP Lawyer Italy

WHAT IS A PARODY ?Origin of word parody: the word parody comes from greek word “paroidia”: “para” (beside, alongside or near) and “ode” (song).

Definition of parody: imitation of work, such as literature, music song, visual arts work etc. for humors or satirical purposes.

WHY PARODY IS A PROBLEM?

Parody is still a difficult matter in copyright law:

• Taking a part of a source work could infringe the copyright of the creator of the source work.

• Normally Copyright law prohibits the use of copyrighted works without the permission of the copyright’s owner.

• It is unlikely that a copyright owner will grant permission or a license to a parodist to use her/his protected works.

LAW AND PARODYIn some countries’ legislation there is no definition of Parody, neither specific defense for it (e.g. UK, Italy).

Copyright Statutes in other Countries provide specific defense of parody, but they do not offer any legal definition of it (e.g. France, Spain).

EU Directive 2001/29 allows Member State to provide exceptions to the copyrights in case of parody, but does not provide any definition of it.

JURISPRUDENCE

Courts have to:

• find a juridical ground of the right to parody;

• establish when a work could be considered a parody and not copyright infringing.

JURIDICAL GROUND OF RIGHT OF PARODY

Freedom of speech and freedom of art principles granted by Constitution (e.g. Italy, France) and by First Amendment Act (e.g. USA)

PARODY OR COPYRIGHT INFRINGEMENT?

Italy: autonomous work because it transforms the ideological part of the source work

LUTTAZZI V. TAMARO CASE

CONSEQUENCES

The definition of parody risks to be too abstract and too broad;

The copyright risks to protect only the idea and not the expression of the idea.

USA

Parody is a derivate work.

To determine whether a work is a parody the courts have to take into consideration the 4 Fair Use factors.

CONSEQUENCES

Target parody: parody that criticizes the source work is admitted (Campbell v. Acuff-Rose Music)

Weapon parody: parody that criticizes other customs or values is not admitted (Rogers v. Koons)

CONCLUSION

Compulsory licensing system?

Legal definition and specific treatment for parody

NOW IT’S YOUR TURN

THE END