Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc)
This (optional) exception allows reproduction, communication to the public or making available to the public - by any user, of works, for the purpose u of caricature, parody or pastiche.
The EU Court of Justice has pronounced ‘parody’ an autonomous concept of EU law in Deckmyn (Case C‑201/13). The essential characteristics of parody are i) to evoke an existing work while being noticeably different from it and ii) to constitute an expression of humour or mockery. The concept of ‘parody’ is not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; that it should relate to the original work itself or mention the source of the parodied work.
This exception has been implemented in the following Member States:
- In Croatia in Article 206 of the Copyright and Related Rights Act
- In The Netherlands in Article 18b of the Copyright Act
- In Denmark in § 52c(10) of the Copyright Act
- In Ireland in Section 52, para 5 of the Copyright and Related Rights Act
- In Romania in Article 37 (b) of the Law No 8/1996 on copyright and related rights
- In Czech Republic in Article 38g of the National law - Act No 121/2000 Coll.
- In Slovenia in Article 53, point 2 of the Copyright and Related Rights Act
- In Slovakia in Section 38 of the Copyright Act
- In Belgium in Article XI.190, 10° of the Code of Economic Law (CEL)
- In Spain in Article 39 of Law 23/2006
- In Estonia in Article 19(7) of the Copyright act
- In Lithuania in Article 21' of the Law No VIII- 1185 on Copyright and Related Rights
- In Luxembourg in Article 10, para 6 or the Copyright Act
- In Latvia in Section 19, para 1, p.9 of the
- In France in Article L122-5, 4° of the Intellectual Property Code
- In Malta in Article 9(1)s of Chapter 415 of the Laws of Malta
- In Poland in Article 29' of the Copyright and Related Rights Act