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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 414-438

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Bibtex

@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"
}

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RIS

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  - 
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Wordbib

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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).
ER

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Mods

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  <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>
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  <identifier type="citekey">spina ali2022</identifier>
</mods>
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Full Metadata

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