Deckmyn v Vandersteen
Parody is an autonomous concept of EU law, which requires the evocation of an existing work while being noticeably different from it, and the expression of humour or mockery, but must strike a fair balance with the rights of the author.
Facts
Mr Deckmyn, a member of a Flemish nationalist political party, distributed calendars with a drawing that resembled the cover of a well known comic book, Suske en Wiske. In the original drawing, the main character was throwing coins to people, but in the new drawing, the character was replaced by the mayor of Ghent, and the people picking up the coins were people of ethnic minorities. The heirs of the author of the comic sued for infringement of copyright. Mr Deckmyn relied on the exception for parody.
Legal principle
The Court of Justice held that the essential characteristics of parody are, first, to evoke an existing work while being noticeably different from it, and, secondly, to constitute an expression of humour or mockery. It is not required that the parody has an original character of its own, or that it is attributed to someone other than the author. However, the application of the exception must strike a fair balance between the interests of the authors and the freedom of expression of the user. Where a parody conveys a discriminatory message, the authors have a legitimate interest in ensuring that their work is not associated with it.
Related cases on copyright: infringement and defences
- Ashdown v Telegraph Group Ltd [2001] EWCA Civ 1142, [2002] Ch 149
- Baigent v Random House Group Ltd [2007] EWCA Civ 247
- Designers Guild Ltd v Russell Williams (Textiles) Ltd [2000] 1 WLR 2416
- Francis Day & Hunter Ltd v Bron [1963] Ch 587
- GS Media BV v Sanoma Media Netherlands BV Case C-160/15, EU:C:2016:644
- Hubbard v Vosper [1972] 2 QB 84
- Hyde Park Residence Ltd v Yelland [2001] Ch 143
- LB (Plastics) Ltd v Swish Products Ltd [1979] RPC 551
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