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The Parody Exception in Copyright Law

The Parody Exception in Copyright Law

by Sabine Jacques
Hardback
Publication Date: 12/03/2019

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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.
ISBN:
9780198806936
9780198806936
Category:
Intellectual property law
Format:
Hardback
Publication Date:
12-03-2019
Publisher:
Oxford University Press
Country of origin:
United Kingdom
Pages:
298
Dimensions (mm):
240x164x21mm
Weight:
0.65kg

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