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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, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 December 2021

The Music Industry and the Future of the Parody Exception in Copyright Law

The Music Industry and the Future of the Parody Exception in Copyright Law

(p.196) 7 The Music Industry and the Future of the Parody Exception in Copyright Law
The Parody Exception in Copyright Law

Sabine Jacques

Oxford University Press

This chapter reflects on the future of the parody exception as an area of copyright law. Focusing on the UK music industry, it considers how business practices may contribute to the realization of the goals underpinning the parody exception, taking into account the moral rights of songwriters and performers and the role of collecting rights societies in administering and enforcing copyright with respect to the creation of musical parodies. The chapter also examines the ways in which the human rights framework may be used to shape the parody exception. Examples are given to illustrate how the right to freedom of expression has been curtailed in order to protect abuse of other fundamental rights, including personality rights. The chapter concludes by reiterating the book’s argument for a more holistic approach that allows the parody exception to strike a fair balance between the interests of right-holders, parodists, and society at large.

Keywords:   parody exception, copyright law, music industry, moral rights, collecting rights societies, human rights, freedom of expression, fundamental rights, songwriters, right-holders

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