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Gabriele Spina Ali, The (Missing) Parody Exception in Italy and its Inconsistency with EU Law, 12 (2022) JIPITEC 414 para 1.
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%0 Journal Article %T The (Missing) Parody Exception in Italy and its Inconsistency with EU Law %A Spina Ali, Gabriele %J JIPITEC %D 2022 %V 12 %N 5 %@ 2190-3387 %F spina ali2022 %X The Italian Copyright Statute does not contain a general exception for ‘parody, caricature and pastiche’ pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, ‘transformative’ creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an ‘overarching principle’ to a narrowly defined ‘exception’ to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k). %L 340 %K Copyright %K Exceptions and Limitations %K Parody %K Three-step test %U http://nbn-resolving.de/urn:nbn:de:0009-29-54967 %P 414-438Download
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@Article{spinaali2022, author = "Spina Ali, Gabriele", title = "The (Missing) Parody Exception in Italy and its Inconsistency with EU Law", journal = "JIPITEC", year = "2022", volume = "12", number = "5", pages = "414--438", keywords = "Copyright; Exceptions and Limitations; Parody; Three-step test", abstract = "The Italian Copyright Statute does not contain a general exception for `parody, caricature and pastiche' pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, `transformative' creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an `overarching principle' to a narrowly defined `exception' to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k).", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-54967" }Download
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TY - JOUR AU - Spina Ali, Gabriele PY - 2022 DA - 2022// TI - The (Missing) Parody Exception in Italy and its Inconsistency with EU Law JO - JIPITEC SP - 414 EP - 438 VL - 12 IS - 5 KW - Copyright KW - Exceptions and Limitations KW - Parody KW - Three-step test AB - The Italian Copyright Statute does not contain a general exception for ‘parody, caricature and pastiche’ pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, ‘transformative’ creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an ‘overarching principle’ to a narrowly defined ‘exception’ to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k). SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-54967 ID - spina ali2022 ER -Download
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ISI
PT Journal AU Spina Ali, G TI The (Missing) Parody Exception in Italy and its Inconsistency with EU Law SO JIPITEC PY 2022 BP 414 EP 438 VL 12 IS 5 DE Copyright; Exceptions and Limitations; Parody; Three-step test AB The Italian Copyright Statute does not contain a general exception for ‘parody, caricature and pastiche’ pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, ‘transformative’ creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an ‘overarching principle’ to a narrowly defined ‘exception’ to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k). ERDownload
Mods
<mods> <titleInfo> <title>The (Missing) Parody Exception in Italy and its Inconsistency with EU Law</title> </titleInfo> <name type="personal"> <namePart type="family">Spina Ali</namePart> <namePart type="given">Gabriele</namePart> </name> <abstract>The Italian Copyright Statute does not contain a general exception for ‘parody, caricature and pastiche’ pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, ‘transformative’ creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an ‘overarching principle’ to a narrowly defined ‘exception’ to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k).</abstract> <subject> <topic>Copyright</topic> <topic>Exceptions and Limitations</topic> <topic>Parody</topic> <topic>Three-step test</topic> </subject> <classification authority="ddc">340</classification> <relatedItem type="host"> <genre authority="marcgt">periodical</genre> <genre>academic journal</genre> <titleInfo> <title>JIPITEC</title> </titleInfo> <part> <detail type="volume"> <number>12</number> </detail> <detail type="issue"> <number>5</number> </detail> <date>2022</date> <extent unit="page"> <start>414</start> <end>438</end> </extent> </part> </relatedItem> <identifier type="issn">2190-3387</identifier> <identifier type="urn">urn:nbn:de:0009-29-54967</identifier> <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-54967</identifier> <identifier type="citekey">spina ali2022</identifier> </mods>Download
Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2022) 5 |
---|---|
Title |
The (Missing) Parody Exception in Italy and its Inconsistency with EU Law (eng) |
Author | Gabriele Spina Ali |
Language | eng |
Abstract | The Italian Copyright Statute does not contain a general exception for ‘parody, caricature and pastiche’ pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, ‘transformative’ creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an ‘overarching principle’ to a narrowly defined ‘exception’ to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k). |
Subject | Copyright, Exceptions and Limitations, Parody, Three-step test |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-54967 |