<abstract xmlns="http://www.w3.org/1999/xhtml">
The right to criticize or parody has always been a fundamental human right. In today’s world of technology and the Internet, parodies or caricatures of someone’s work are not uncommon. Technology has become so readily available that anyone can create a parody or caricature of another person’s work. The main task of the nowadays researchers is find balance between one person’s right to the inviolability of his property and the right of other persons to imitate it.
The aim of this article is to analyze the concept of parody and caricature, as well as the case law of different countries – exploring how case law assesses whether an imitated work can be defined as a parody, or whether it is an “unsuccessful” imitation. Where is the line where an author has created a parody or has already infringed the rights of another author?
The methodological basis of this article is based on general scientific approaches (analysis and synthesis, deduction and induction, comparison, analogy and a systemic and structural-functional approach). The article also draws on court decisions, legislation, legal literature, publications and doctrine. Conclusions are drawn using the method of scientific induction and deduction.
</abstract>

The right to criticize or parody has always been a fundamental human right. In today’s world of technology and the Internet, parodies or caricatures of someone’s work are not uncommon. Technology has become so readily available that anyone can create a parody or caricature of another person’s work. The main task of the nowadays researchers is find balance between one person’s right to the inviolability of his property and the right of other persons to imitate it.
The aim of this article is to analyze the concept of parody and caricature, as well as the case law of different countries – exploring how case law assesses whether an imitated work can be defined as a parody, or whether it is an “unsuccessful” imitation. Where is the line where an author has created a parody or has already infringed the rights of another author?
The methodological basis of this article is based on general scientific approaches (analysis and synthesis, deduction and induction, comparison, analogy and a systemic and structural-functional approach). The article also draws on court decisions, legislation, legal literature, publications and doctrine. Conclusions are drawn using the method of scientific induction and deduction.

Parody as a Fair Use of Freedom of Speech

ACTA PROSPERITATIS

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Parody as a Fair Use of Freedom of Speech"}

The right to criticize or parody has always been a fundamental human right. In today’s world of technology and the Internet, parodies or caricatures of...

Parody as a Fair Use of Freedom of Speech

Online veröffentlicht: 20. Sept. 2023

Seitenbereich: 186 - 196

DOI: https://doi.org/10.37804/1691-6077-2023-14-186-196

Schlüsselwörter
copyright, exceptions, freedom of speech, parody

© 2023 Liene Vindele et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Parody as a Fair Use of Freedom of Speech

Online veröffentlicht: 20. Sept. 2023

Seitenbereich: 186 - 196

DOI: https://doi.org/10.37804/1691-6077-2023-14-186-196

Schlüsselwörtercopyright, exceptions, freedom of speech, parody

© 2023 Liene Vindele et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Schlüsselwörter
copyright, exceptions, freedom of speech, parody