Publication details
Výjimka z autorského práva pro parodii ve světle rozhodnutí Nejvyššího soudu sp. zn. 23 Cdo 2178/2022
| Title in English | Parody exception from copyright in the light of the Supreme Court decision 23 Cdo 2178/2022 |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | In July 2023, the Supreme Court issued a decision that ended several years of litigation between ČEZ a. s. and Greenpeace Czech Republic, z. s. The subject of the litigation was a parody of an original audiovisual work (promotional video) of ČEZ by Greenpeace, which drew attention to the issue of nature protection, the dangers of climate change and ČEZ's contribution to the destruction of natural resources. The Czech courts subsequently had to deal with the application of the statutory exception for parody under Sec. 38g of the Copyright Act for the purposes of audiovisual works and copyright-related subject matter. The contribution focuses on a critical analysis of the decision of the Supreme Court of 28 July 2023, Case No. 23 Cdo 2178/2022. In this context, attention is primarily focused on the question of the nature of the exception for parody, caricature and pastiche under Sec. 38g of the Copyright Act, its applicability to copyrightable subject matter as well as to audiovisual works, and also on the defensibility of the construct of "unfunny" parody as an acceptable parody within the meaning of the said exception. The dispute in question is, in fact, the only case in which the application of the exception to copyright for the purposes of parody, caricature and pastiche has been addressed in the Czech legal environment. In light of the above, the analysis will also take into account the case law of the ECJ (in Deckmyn v. Vandersteen, C-201/13) and relevant foreign case law. |