JOURNAL ARTICLE

Parody Exceptions in Copyright Laws.

  • Published In: GRUR International: Journal of European & International IP Law, 2023, v. 72, n. 3. P. 284 1 of 2

  • Database: Legal Source 2 of 2

Abstract

The article focuses on the legal assessment of parody exceptions in copyright law, specifically in the context of a Swedish court case involving altered versions of the iconic Swedish image "En Svensk Tiger" by Bertil Almqvist. It examines how the Swedish Patent and Market Court of Appeal applied both Swedish copyright law and European Union (EU) law, particularly Directive 2001/29/EC (the InfoSoc Directive), to determine whether the altered images constituted independent works or permissible parodies. The court concluded that the contested images were new and original works not infringing on the original copyright, while also addressing the balance between copyright protection and freedom of expression under EU law. The article highlights ongoing tensions in Swedish law regarding the application of the parody exception, especially concerning the originality requirement, and notes potential future challenges in harmonizing national and EU standards.

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2023/03, Vol. 72, Issue 3, p284
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:26328550
  • DOI:10.1093/grurint/ikac149
  • Accession Number:162875277
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.