Parody in European copyright law and the two sides of the coin – Article from #2 2018

ABSTRACT

The purpose of this article is to examine the complexity of the concept of parody from dual perspectives, namely as a copyright defence provided by the InfoSoc Directive in Article 5(3)(k) and as a manifestation of the freedom of expression which is guaranteed by the Charter in Article 11.

Mainly, the research identifies if there is a justified need of the European legislator for intervention on the current provisions that concern the European treatment of parody and examines whether the Commission’s Digital Single Market intervention is an adequate step forward to modernizing the EU copyright framework.