Taking this purpose into account, the Court inferred that when applying
the parody exception, a fair balance must be struck between the interests of the copyright holder and the freedom of expression of the user who makes the parody of the protected work (para. 27).
Considering the discriminatory character of the disputed drawing in the calendar, the issue presented a question of the impact of the fundamental rights on the scope of application of
parody exception.
Mr. Deckmyn appealed, claiming that the drawing in the calendar was covered by
the parody exception, in the understanding of Belgian copyright law.
The Advocate General focused on the issue of whether the national court should take into account the content of the message of the calendar in making its assessment of
the parody exception (para. 72 of the Opinion).
Not exact matches
Youtube is full of wonderful and creative masterpieces — and gaming music
parodies is no
exception.
Copyright gives the copyright holder control over derivative works, so if your story can be classified as a derivative work of Dr.. Who, and is not covered by the
exceptions that exist in copyright law (i.e.
Parody, Fair use), then you would breach copyright.
That is, the public value of learning is recognized and protected, by enabling an
exception to copyright's exclusive monopoly when it comes to «the purpose of research, private study, education» (as well as
parody or satire, criticism or review, and news reporting).
As a second step in the interpretation of the concept of
parody, the Court looked into the purpose of this
exception.
If so, they might be able to if the use of your likeness meets the tests for the «
parody copyright
exception.»
Recommendation 3: create an
exception to copyright for the purpose of caricature,
parody or pastiche The government is planning a consultation on this recommendation for spring 2007 so we will have to wait to see whether any progress is made.
Plans to allow libraries and archives to use technology to preserve valuable material before it deteriorates or the format it is stored on becomes obsolete are also outlined, as is a new
exception for
parody.
IP Osgoode Part 1: Transplanting the Canadian UGC
Exception to Hong Kong In July 2013, the Hong Kong government conducted a public consultation on the treatment of
parody under the copyright regime.
Building on two earlier consultations on digital copyright reform in December 2006 and April 2008, this latest consultation identified three legislative options: (1) clarifying the threshold for criminal copyright infringement; (2) introducing a specific criminal exemption for
parody, satire, caricature, pastiche or similar work; and (3) introducing a fair dealing
exception for these types of works...
It is important to point out that certain
exceptions to copyright, such as e.g.
parody or the quotation right are the embodiment in copyright of fundamental rights other than the right to property.»