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RIDA 274 | 10-2022

Doctrine

Parody as a form of freedom of expression in european copyright law: evolutions and perspectives

SYNODINOU, Tatiana

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The aim of this article is to discuss the legal status of parody in EU copyright law with a focus on the organic link between parody and freedom of expression and the consequences of this connection.  It is divided into three parts. In the first part, the parody exception will be analyzed under the prism of the seminal Deckmyn case  (I). The second part explores the legal status of parody after the three seminal cases of the Court of Justice of the European Union (CJEU): Spiegel on line, Pelham and Funke Medien (II).The third part is dedicated to some of the challenges regarding the application of the parody exception in the digital sphere, with a focus on Art. 17 of the Directive (CDSM Directive)  (III).