To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn

Derclaye, Estelle

Abstract

Over the course of the last three decades, the European Union has adopted 11 legislative instruments in the field of copyright to harmonise many of its aspects and the Court of Justice of the European Union ( CJEU) has over the years been very active in interpreting this copyright acquis, further harmonising it. A lot has been written on the copyright acquis and the court’s case law, criticising it and proposing further solutions. Much less has been written on whether the courts of the Member States have, down the line, correctly applied the court’s case law. This article aims to fill this gap in relation to the parody exception. It shows that since the only CJEU decision on parody ( Deckmyn v Vandersteen ) was decided, a sizeable number of national courts have not applied it well. The article proposes solutions to this state of practical disharmonisation.

Citation

Derclaye, E. (2023). To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn. Intellectual Property Quarterly, 2023(2), 59-85

• Journal Article Type: Article
• Acceptance Date: Feb 23, 2023
• Publication Date: 2023
• Deposit Date: May 17, 2023
• Publicly Available Date: Jan 1, 2025
• Print ISSN: 1364-906X
• Electronic ISSN: 1364-906X
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2023
• Issue: 2
• Pages: 59-85
• Keywords: copyright, parody
• Public URL: https://nottingham-repository.worktribe.com/output/17664363
• Publisher URL: https://uk.westlaw.com/Document/ID2AA3F20065A11EE8C0B97430128F496/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad740360000018b8687a5851b6ad2c6%3Fppcid%3D35c2d4edd0614b7a95a4afd0818b51a1%26Nav%3DUK-JOURNALS-PUBLICATION%26fragmen
• Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Intellectual Property Quarterly following peer review. The definitive published version To what extent is the parody exception truly harmonised? An empirical analysis of the Member States' case law post-Deckmyn / Estelle Derclaye. I.P.Q. 2023, 2, 59-85 is available online on Westlaw UK.