Are EU Member States required to have a sense of humor?

• Autor(a) principal: Rendas, Tito
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10400.14/39455
• topic: Copyright; Eexceptions; Parody; Article 17; CDSM Directive

In transposing the CDSM Directive, the EU Member States that presently lack a parody exception in their domestic copyright laws are faced with one fundamental choice: either they include a provision allowing for parodic uses only in the context of Article 17, or they implement a general parody defense, covering not only those online acts, but also others, online and offline alike, that are not related to Article 17. This paper argues that the former approach is not compatible with EU copyright law when interpreted in light of the Charter of Fundamental Rights. Instead, those Member States that have no parody exception and that are yet to transpose the Directive, like Cyprus, Greece and Portugal, would be well-advised to use the opportunity provided by the implementation to finally recognise a general parody defense.