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The Parody Exception in Copyright Law (Hardcover)
Loot Price: R3,342
Discovery Miles 33 420
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The Parody Exception in Copyright Law (Hardcover)
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Parodies have been created throughout times and cultures. A glimpse
at the general judicial latitude generally afforded to parodies,
satires, caricatures, and pastiches demonstrates the social and
cultural value of this particular form of artistic expression. With
the advent of technologies and the evolution of copyright
legislation, creative endeavours in the form of parody gathered a
new youth but became unlawful. While copyright law grants exclusive
rights to right-holders, this right is not absolute. Legislation
includes specific exceptions, which preclude right-holders from
exercising their prerogatives in particular cases which foster
creativity and cultural diversity within that society. The parody
exception pertains to this ultimate objective by permitting users
to reproduce copyright-protected materials for the purpose of
parody. To understand the meaning and scope of the parody
exception, this book examines and compares five jurisdictions which
differ in their protection of parodies: France, Australia, Canada,
the US and the United Kingdom. This book is concerned with finding
an appropriate balance between the protection awarded to
right-holders and the public interest. This is achieved by
analysing the parody exception to the economic rights of
right-holders, the preservation of moral rights and the interaction
of the parody exception with contract law. As parodies constitute
an artistic expression protected under the right to freedom of
expression, this book also considers the influence of freedom of
expression on the interpretation of this specific copyright
exception. Furthermore, this book aims at providing guidance on how
to resolve conflicts where fundamental rights are in conflict. This
is the first book in English to offer an in-depth investigation
into the parody exception in copyright law, and comments on
industry practices linked to this form of creative endeavours.
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