On the Limits of the Freedom of Parody

On the Limits of the Freedom of Parody

Journal article

1 electronic resource (page 283-285)

Extract Copyright Act, Secs. 5(2) and 42f(2) – Räuber Hotzenplotz Headnotes by the Editorial Office 1. Strict requirements are to be placed on the existence of free use. Free use presupposes that the third-party work is not adopted in an identical or modified form, nor as a model or as a basis for the work, but merely as an inspiration for the author’s own work. 2. In the comparative assessment of the work used and the new work, it is necessary to identify the objective characteristics that determine the creative uniqueness of the work used, account being taken of the overall impression. 3. The freedom of parody does not end only when the content is discriminatory or there is a demonstrable violation of material interests. Rather, a comprehensive balance must be struck between the interests and rights of the rightholder and the freedom of expression of the user. This requires consideration of all circumstances of the individual case.

Crossref

GRUR International ; 74, 3, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

eng

https://academic.oup.com/grurint/article/72/3/231/6998505

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