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 Denmark in § 52c(10) of the Copyright Act
- In Bulgaria in Article 24, para 1, p.2a of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.2a от Закона за авторското право и сродните му права).
- In Greece in Article 66F, para 8 of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues
- In Portugal in Article 75(x) Código do Direito de Autor e dos Direitos Conexos
- In Finland in §23a of the Copyright Act
- In Sweden in Article 52p of the Act (1960:729) on copyright in literary and artistic works
- In Czech Republic in Article 38g of the National law - Act No 121/2000 Coll.
- In Spain in Article 39 of Law 23/2006 and Article 70 of Royal Decree-Law 24/2021
- In Croatia in Article 206 of the Copyright and Related Rights Act
- In Germany in Section 51a Urheberrechtsgesetz – UrhG
- In The Netherlands in Artikel 18b Auteurswet
- In Austria in Section 42f, para 2 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
- In Hungary in § 34/A (b) 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 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 Estonia in §19(7) of the Copyright act
- In Lithuania in Article 211 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
- In Italy in Article 102-nonies, para 2(b) of the Law for the Protection of Copyright and Neighbouring Rights