Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- 14 Creating a Public Interest Principle for the Adjudication of Fair Use and Fair Dealing Cases
- 15 An Empirical Review of the Copyright Limitations and Exceptions for Educational Activities
- 16 Copyright and Academic Photocopying: The Delhi University Case
- 17 Parody, Satire, Caricature, and Pastiche: Fair Dealing Is No Laughing Matter
- 18 Cultural Impact on Copyright Exceptions: Parody in Germany and Japan
- 19 From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong
- 20 Rights, Exceptions, and the “Work” of News
- 21 Copyright and Religion: An Exemption for the Use of Music and Songs in Worship?
- Part V Copyright Exceptions and Technology
18 - Cultural Impact on Copyright Exceptions: Parody in Germany and Japan
from Part IV - Obvious and Hidden Values in the Working of Copyright Exceptions
Published online by Cambridge University Press: 15 January 2021
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- 14 Creating a Public Interest Principle for the Adjudication of Fair Use and Fair Dealing Cases
- 15 An Empirical Review of the Copyright Limitations and Exceptions for Educational Activities
- 16 Copyright and Academic Photocopying: The Delhi University Case
- 17 Parody, Satire, Caricature, and Pastiche: Fair Dealing Is No Laughing Matter
- 18 Cultural Impact on Copyright Exceptions: Parody in Germany and Japan
- 19 From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong
- 20 Rights, Exceptions, and the “Work” of News
- 21 Copyright and Religion: An Exemption for the Use of Music and Songs in Worship?
- Part V Copyright Exceptions and Technology
Summary
The battleground between copyright protection and parody exceptions is not new. The US Supreme Court tested the fair use framework provided for under US copyright law in its well-known 1994 decision regarding a parody of Roy Orbison’s title song to the blockbuster movie Pretty Woman; arguably, no other single court decision had a similar impact on the copyright law treatment of parodies both in the US and internationally. The notion that the use of copyright-protected content in a parody should be generally permissible under copyright law has gained widespread traction across most jurisdictions. At the same time, the question of what exactly constitutes a parody varies from country to country and from culture to culture. This chapter provides an overview of the development of copyright exceptions related to parody under German and Japanese law, and highlights how a different tradition of parody can result in different copyright law interpretation.
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- Information
- The Cambridge Handbook of Copyright Limitations and Exceptions , pp. 343 - 363Publisher: Cambridge University PressPrint publication year: 2021