According to Art. L122-5, 4° of the Intellectual Property Code, the author cannot prohibit parody, pastiche and caricature, observing the rules of the genre. The notion of “parody”, in the sense of Art. 5(3)(k) of Directive 2001/29/, is an autonomous concept of EU law and is not subject to the conditions according to which a parody should mention the source of the parodied work or relate to the original work itself.
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Notes
The invented word ‘lepéno-cégétistes’ alludes to persons supporting Marine Le Pen (leader of the French extreme right political party) and the CGT [seʒete] (one of France’s largest labour unions).
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Translated by Oleksandr Bulayenko.
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Intellectual Property Code, Arts. L111-1, L112-1; European Convention on Human Rights, Art. 10(2) combined with its First Additional Protocol, Art. 1; Directive 2001/29/EC, Art. 5(3)(k). “Le Point – Marianne”. IIC 51, 386–388 (2020). https://doi.org/10.1007/s40319-020-00920-3
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DOI: https://doi.org/10.1007/s40319-020-00920-3