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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

Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws

Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws

Chapter:
(p.38) 2 Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws
Source:
The Parody Exception in Copyright Law
Author(s):

Sabine Jacques

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198806936.003.0002

This chapter examines the legality of the parody exception in light of international treaties and domestic copyright laws. More specifically, it considers whether the parody exception may only be introduced into national copyright law if it satisfies the three-step test enshrined in international treaties. The chapter first traces the history and evolution of copyright law before explaining whether copyright law requires a specific parody exception and why a specific parody exception rectifies the balance between right-holders, users, and subsequent authors. It then discusses the three-step test, first incorporated into the Berne Convention to protect the ‘right of reproduction’, and its adoption in European Union texts and national legislations. It also outlines the differing interpretations of the three-step test and concludes with an analysis of whether the current parody exceptions in each of the five jurisdictions (France, Australia, Canada, the United States, and the United Kingdom) comply with this test.

Keywords:   parody exception, international treaty, copyright law, three-step test, right-holder, Berne Convention, right of reproduction, European Union

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