“Glamour”

• 1. A work is only original if it bears the imprint of its author’s personality, independently of its novelty.

• 2. Originality cannot be concluded from the simple fact that its creation required choices, irrespective of how arbitrary, on the part of the author.

• 3. Limits to the exercise of the freedom of expression, which encompasses the freedom of artistic expression, are only permissible provided that they are proportionate to the legitimate objective pursued, in other words are made necessary in a democratic society by an overriding social need. Proportionality must be assessed in the specific case, taking account in particular of the nature of the message in question and of the extent of the infringement of the competing right.

• 4. Subject to respect of the laws of the genre, the author of a work cannot prohibit its use for purposes of parody. Parody does not necessarily require a humorous intention but could also have the aim of shocking or disorientating the public or provoking reflection.