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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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Parody and Moral Rights

Parody and Moral Rights

(p.167) 6 Parody and Moral Rights
The Parody Exception in Copyright Law

Sabine Jacques

Oxford University Press

This chapter examines the relationship between parody and an author’s moral rights. It first traces the evolution of the concept of moral rights as a means of providing protection not only of the authors’ personal interests but also the public interest before discussing the reasons why moral rights might conflict with parodies. It considers two competing theories underlying the protection of authorial interests—the ‘monist’ theory and the ‘dualist’ theory—and their implications for the parody exception. It also explains how jurisdictions differ in the nature and scope of protection afforded to moral rights, noting that the parody exception in ‘copyright’ law does not extend to moral rights. The chapter goes on to explore the author’s paternity and integrity rights as well as their right against false attribution. It shows that, in the case of parodies, an overlap exists between the regimes applied to moral and economic rights.

Keywords:   parody, moral rights, monist theory, dualist theory, parody exception, copyright law, paternity right, integrity right, false attribution, economic rights

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