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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

How Freedom of Expression Defines the Parody Exception

How Freedom of Expression Defines the Parody Exception

Chapter:
(p.134) 5 How Freedom of Expression Defines the Parody Exception
Source:
The Parody Exception in Copyright Law
Author(s):

Sabine Jacques

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198806936.003.0005

This chapter examines the relevance of freedom of expression to the parody exception. It first considers the debate on the interaction between intellectual property rights and fundamental rights before discussing the ways in which freedom of expression may address the excessive expansion of exclusive rights as well as the outer limits of the parody exception. The chapter explains how human rights are embodied in the parody exception and how factors established in the European Court of Human Rights jurisprudence may legitimately restrict freedom of expression. It also explores how national legislators and courts in France, Australia, Canada, the United States, and the United Kingdom strike a balance between freedom of expression values and copyright values. It shows that the outer limits of the parody exception in each jurisdiction are determined by the influence of freedom of expression on copyright, the margin of appreciation, and the proportionality test.

Keywords:   freedom of expression, parody exception, intellectual property rights, fundamental rights, exclusive rights, human rights, European Court of Human Rights, copyright, margin of appreciation, proportionality test

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