CJEU Referral [Belgium]: C-201/13 - Deckmyn en Vrijheidsfonds
Date: 17.04.2013
Case // questions
Description: The meaning of the concept of 'parody' in Directive 2001/29/EC. This arises from a challenge by the Applicants against the Defendant, alleging that a drawing fronting a calendar and a political journal and its communication by way of distribution by a Belgian political party, constituted an infringement of their copyright as owners of the exploitation rights of a former Belgian cartoonist and his comic-strip album.
Keywords: Request for a preliminary ruling – Hof van beroep te Brussel – Interpretation of Articles (2)(a) and 5(3)(k) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10) and of Articles 11, 13 and 17 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1) – Reproduction right – Exceptions and limitations – Interpretation of the concept of ‘parody’ – Independent concept of European Union law
Questions referred to the CJEU:
1. Is the concept of ‘parody’ an independent concept in European Union law?
2. If so, must a parody satisfy the following conditions or conform to the following characteristics:
– the display of an original character of its own (originality);
– and such that the parody cannot reasonably be ascribed to the author of the original work;
– be designed to provoke humour or to mock, regardless of whether any criticism thereby expressed applies to the original work or to something or someone else;
– mention the source of the parodied work?
3. Must a work satisfy any other conditions or conform to other characteristics in order to be capable of being labelled as a parody?
