Balancing the Right to Integrity with caricature, parody and pastiche

Marshall, J. T.

doi:10.1093/jiplp/jpy072

Cited by 2 publications

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“…Lastly, there is an introduction of free uses for purposes of making a comment, illustration, parody, satire, caricature, cartoon, tribute, homage or pastiche. It remains to be seen how the courts will balance moral rights that authors have in respect of their copyrighted works under Section 20 of Copyright Act and the pun or mockery that usually comes with parody, satire, and caricature (Marshall 2018).…”

Section: Exceptionsmentioning

confidence: 99%

The South African music landscape and the Copyright Amendment Bill

Forere

2023

Journal of Legal Anthropology

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In South Africa, the issue of musicians dying as paupers despite their fame relates to a set of factors, including technological developments that affected traditional modes of content distribution and archaic laws, that predates the internet. Relying on CISAC and IFPI reports, this article finds that while physical copies, which were by far the most rewarding mode of music distribution, have become obsolete, current modes of distribution – downloads and streaming – have diminished revenue for the South African musician. This situation is due to free streaming from platforms that enable user-uploaded content, as well as to negligible payouts from streaming platforms in general. Efforts by the legislature to address musicians’ dwindling income are nevertheless contradictory. Looking at sections of the Copyright Amendment Bill and stakeholder submissions thereto, it is clear that the bill diminishes artists’ economic rights through unmitigated exceptions while leaving the safe harbour provisions unaddressed, which pose a further risk to artists’ income.

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Section: Exceptionsmentioning

confidence: 99%

The South African music landscape and the Copyright Amendment Bill

Forere

2023

Journal of Legal Anthropology

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“… 156 See also Bently et al ( 2018 ), p. 252; Döhl ( 2020a ), p. 745; Döhl ( 2020b ), p. 439; Gelke ( 2013 ), p. 177; Griffiths ( 2017 ), p. 84; Haberstumpf ( 2020b ), p. 106; Haberstumpf ( 2020a ), p. 814; Jacobsen ( 2020 ), p. 10; Jacques ( 2015 ), p. 702; Jacques ( 2019 ), p. 11; Jütte ( 2014 ), p. 182; Lambrecht and Cabay ( 2015 ), p. 371; Lerach ( 2020 ); Maier ( 2018 ), p. 61; Marshall ( 2018 ), p. 958; Schack ( 2019 ), p. 153; Schulze ( 2020 ), p. 129; Vlah ( 2015 ), p. 50, para. V. Despite the contrary views of advocates of a broad pastiche concept, such an understanding of pastiche has been the basis of successful claims in music, for example in the US Blurred Lines or German Sadeness (Part I) judgments.…”

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confidence: 99%

Collateral Damage: Reuse in the Arts and the New Role of Quotation Provisions in Countries with Free Use Provisions After the ECJ’s Pelham, Funke Medien and Spiegel Online Judgments

Hui

Döhl

2021

IIC

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This article examines the impact of the European Court of Justice’s Pelham decision (C-476/17) on reuse, including appropriation art, borrowing and plagiarism in the arts, especially in music. Insofar, the focus lies on countries that have operated before with broad free use provisions. Specifically, we consider the extent to which EU law permits quotation provisions to fill the gap left by free use limitations, which have been curtailed by the Pelham decision. As we explain, Pelham creates a more restrictive approach to certain unlicensed use of copyright materials in new works of artistic expression, including music appropriation. We present our research in four sections. First, we compare existing national free use and quotation provisions in four states subject to EU law regarding their respective wiggle room for unlicensed yet lawful reuse in the arts. Second, we explore how the ECJ’s interpretation of the InfoSoc quotation exception, particularly in the Pelham, Funke Medien and Spiegel Online judgments, minimises the leeway for reuse in the arts provided by these national quotation provisions, in comparison to free use provisions. (Information Society Directive, 2001/29/EC.) Third, we address possible objections to our position and explain why we believe the consequences of the ECJ decisions cannot be bypassed. (Copyright in the Digital Single Market Directive, (EU) 2019/790.) Finally, in the conclusion, we explore the consequences, including the need for legislative reform.

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Balancing the Right to Integrity with caricature, parody and pastiche

Cited by 2 publications

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The South African music landscape and the Copyright Amendment Bill

The South African music landscape and the Copyright Amendment Bill

Collateral Damage: Reuse in the Arts and the New Role of Quotation Provisions in Countries with Free Use Provisions After the ECJ’s Pelham, Funke Medien and Spiegel Online Judgments

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