Fair Dealing after Deckmyn - The United Kingdom's Defence for Caricature, Parody or Pastiche
M Richardson and S Ricketson, Research Handbook on Intellectual Property in Media and Entertainment, Edward Elgar, 2017, Forthcoming
29 Pages Posted: 1 May 2016 Last revised: 16 May 2016
Date Written: April 26, 2016
Parodies present a dilemma for copyright law. They often reproduce and adapt existing copyright works. However, they also play a prominent role in contemporary cultural and media practice and, in some instances, serve important social and political goals. Jurisdictions around the globe have attempted to resolve this dilemma by permitting parodists to use copyright works within certain limits. Until 2014, the United Kingdom was unusual in having no effective safety valve for parody. This situation was often lamented and, finally, in October 2014, a new s 30A permitting fair dealing with copyright works for the purposes of caricature, parody or pastiche was inserted into the Copyright Designs & Patents Act 1988. By coincidence, shortly before s 30A came into force, the Grand Chamber of the European Court of Justice (ECJ) handed down its judgment in (C-201/13) Deckmyn v Vandersteen. The Judgment in that case provides guidance on the meaning of “caricature, parody or pastiche” within the European copyright acquis and requires member state courts to apply domestic parody exceptions in a manner that fairly balances competing fundamental rights. Deckmyn will thus have a significant impact on UK courts’ interpretation of s 30A. This chapter examines the scope of the United Kingdom’s new parody exception in the wake of Deckmyn and highlights a number of interpretative challenges to which that case has given rise.
Keywords: copyright, European union, parody, exception, limitation, fundamental rights, fair dealing, fair balance, freedom of expression, Deckmyn, caricature, pastiche, satire
JEL Classification: K11, K41
Suggested Citation: Suggested Citation