You are welcome to follow him: LinkedIn Prof. Dr. Jan Bernd Nordemann
Parody and copyright? We discussed this question in beautiful Turin (in an 18th century library🏛️😀). This was also a debrief on the AIPPI resolution “defence of parody in copyright” which was adopted in Hangzhou and which has been published here: https://lnkd.in/eeB9v5ds
My main takeaways from the Turin event hosted by AIPPI Gruppo Italiano:
– There should be a parody defense in every copyright regime.
– BUT: Illegal imitations have to be told apart from lawful parodies.
– A parody must always have an element of humor. But humor is different around the world. Germans are even known for having no humor at all🤷♂️!
– So, what really separates parody from unlawful imitations are the following factors:
(1) There must be a recognizable difference to the original.
(2) A lawful parody must satisfy the 3-step-test as provided in Art. 9(2) Revised Berne Convention, Art. 10 WIPO Copyright Treaty, and Art. 5(5) EU Copyright Directive 2001/29.
For the test, it will in particular be relevant if the parody directly competes with the original.
A parody does not have to be directed against the original, for example making fun of the original. But this can be a relevant factor for the 3-step-test. The German Federal Supreme Court (BGH) thinks that usually the 3-step-test will be met if the parody is directed at the original, see here Der Bundesgerichtshof
That is why in the case, converting the slim model (original) into a fat model was a lawful parody. The parody directly criticised the original. See the pictures.
A big thank you to Alessandro Enrico Cogo (who presided the AIPPI Gruppo Italiano working group on parody) and to Simona Lavagnini (president AIPPI Gruppo Italiano) for inviting me and for organizing the event. It was great to be on a panel together with Marco Ricolfi (panel chair), Eleonora Rosati, Andrea Ottolia, Maurizio Borghi and Gianmaria Ajani.
