Publication details
Humorné zpracování cizího díla v komparaci českého a polského autorského práva
| Title in English | A comparison of Czech and Polish copyright law on the humorous adaptation of a someone else's work |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | This paper compares the concept of statutory exception for caricature, parody, pastiche (as well as satire or irony) in Czech and Polish copyright law. Although both countries share a common basis in EU legislation (Directive 2001/29/EC) and the case law of the Court of Justice of the EU (decision in Case C-201/13), there are differences between the two legal systems on this issue. The apparent differences in the wording of the provisions establishing the statutory exception for parody, as well as the relationship between that statutory exception and the remaining rules and provisions of each copyright law, are worthy of further examination. The question of whether the parody work is a derivative work or an inspired work, and the laws of the genre, also require attention. Finally, the obligation to credit the source of the original work must be considered. This paper attempts to answer these and other questions in a comparative framework. In order to facilitate comparison, the paper presents the legislative frameworks of both countries, including a historical overview of the path leading to the establishment of the statutory licence in § 38g of the Czech and Article 29(1) of the Polish Copyright Act. In addition to the text of the cited provisions themselves, the meaning attached to the individual terms contained in the provisions and the related legality of these 'genres' will also be compared in the context of the EU autonomous concept. Furthermore, selected case law concerning the application of the provisions in question by the Czech and Polish courts is presented and analysed. In the Czech legal environment, the first case to examine the readiness of the Czech judiciary to apply the statutory licence for parody (CEZ v. Greenpeace) was concluded at the beginning of this year. In contrast, in Poland, such a case is still awaited by the legal community. |