The parody exception in copyright law / Sabine Jacques.

Oxford : Oxford University Press, 2019.

1st edition

89330

Copyright.

Parody.

PART 1. Parody-Nature and Definition

1. What is a Parody?

2. Origin and Historical Overview of Parody in Art Fields

3. The Relationship of Parody with Other Related Concepts

4. Cultural Scholars' Definition of Parody

5. Towards a Legal Definition of Parody

PART 2. Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws

1. Introduction

2. Why is a Specific Parody Exception Needed in Copyright Legislation?

3. What is the Three-Step Test?

4. Compliance of the Parody Exception with the Three-Step Test

5. Conclusion

PART 3. Consequences of the Nature of the Parody Exception

1. The 'Mechanics' Behind the Parody Exception

2. The Nature of a Parody Exception in Copyright Law

3. Can the Parody Exception be Waived by Contract?

4. Conclusion

PART 4. Factors to Consider for the Application of the Parody Exception

1. The Difficulty of Defining the Exception's Contours

2. Factors Commonly Applied

3. Factors Relevant for Certain Jurisdictions Only

4. Irrelevant Factors for the Application of the Parody Exception

5. Can Domestic Courts Adopt Additional Factors?

6. Conclusion

PART 5. How Freedom of Expression Defines the Parody Exception

1. Introduction

2. The Parody Exception Embodying Human Rights Aspects

3. Scope of Freedom of Expression at Supranational Levels

4. Restrictions to Freedom of Expression to Respect the Rights of Others

5. Striking a Balance at Domestic Level: the Importance of Constitutional Influences

6. Conclusion

PART 6. Parody and Moral Rights

1. Introduction

2. Why Parodies Sit Uncomfortably with Moral Rights

3. The Implications of Monist and Dualist Theories for the Parody Exception

4. Does the Parody Exception Clash with the Personal Interests of the Author?

5. Conclusion

PART 7. The Music Industry and the Future of the Parody Exception in Copyright Law

1. The Role of Business Practices in the Realization of the Goals Underpinning the Parody Exception

2. Shaping the Parody Exception Using the Human Rights Framework

3. Preventing Abuses

4. A Desirable Harmonization

5. Conclusion: Towards a Right to Parody?

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours. - Publisher's website.

Includes bibliographical references (pages 229-246) and index.

9780198806936

xxxiii, 263 pages : illustrations ; 24 cm