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The Parody Exception in Copyright Law$
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Sabine Jacques

Print publication date: 2019

Print ISBN-13: 9780198806936

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198806936.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 26 January 2022

Parody—Nature and Definition

Parody—Nature and Definition

Chapter:
(p.1) 1 Parody—Nature and Definition
Source:
The Parody Exception in Copyright Law
Author(s):

Sabine Jacques

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198806936.003.0001

This chapter provides an overview of the nature and definition of parody in the context of copyright law. The Court of Justice of the European Union (CJEU) has introduced two requirements that must be satisfied before a work may be considered a ‘parody’: firstly, it must ‘evoke an existing work while being noticeably different from it’, and secondly, it must ‘constitute an expression of humour or mockery’. The chapter first traces the origin and history of parody in the arts, including music, before discussing the relationship of parody with concepts such as satire, caricature, and pastiche. It then examines why a parody exception has been considered necessary in copyright law. The chapter goes on to analyse the legal evolution of parody in France, Australia, Canada, the United States, and the United Kingdom, showing that the existing international human rights framework may influence the definition of parody in intellectual property law.

Keywords:   parody, copyright law, European Union, pastiche, caricature, music, satire, parody exception, human rights, intellectual property law

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