Publication details

Parody, Internet Humor and the Intellectual Property Law

Authors

JEŽEK Michal

Year of publication 2022
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description This contribution covers the topic of humor in the context of the IP law and primarily focuses on parody. Parody is not only humorous expression, but it also may be parasitic to the distinctive character and to the identification of the protected work or even it might create a defamation to the reputation of the original. On the other hand, parody might be found legal under the freedom of expression or as a form of exception and limitation to IP. This contribution focuses on case studies of the ČEZ v. Greenpeace case (copyright parody) and on the demonstrative trademark parody case in the matter of “IbalGIN”. Legal framework for parody and its allowance is discussed. It is also emphasized the topic of online humor and protecting IP on the internet in connection with creating MEMEs or GIFs as other forms of humorous expressions, in particular in the context of the DSM Directive.

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