tag:blogger.com,1999:blog-5574479.post7955523636584759809..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: BREAKING NEWS: CJEU says that one has the "right to be forgotten" from offensive parodiesVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-70310319790937584002014-09-04T10:16:55.727+01:002014-09-04T10:16:55.727+01:00The next big copyright day is in fact today -the j...The next big copyright day is in fact today -the judgment in C-114/12 Commission v Council has been handed down. The Union (and not MS) is exclusively comptetent in the area of amongst other rights, the rights of broadcasting organisations. Whilst the judgment is about competence (powers)of the Union in the context of international negotiations what it arguably means in practice is that MS are not free to legislate in this or any other area of IPR. This follows the judgment in Daichi of last year.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-27709731580191205982014-09-03T14:03:53.447+01:002014-09-03T14:03:53.447+01:00One of the reasons I read the IP Kat is that I app...One of the reasons I read the IP Kat is that I appreciate the parody and satire. <br /><br />I can imagine that some Freddy Mercury fans may have been terribly upset a few months ago.<br /><br />We've had a couple of cases of parody in Israel.<br /><br />During the mass demonstrations against Oslo, posters of Itzhak Rabin wearing an SS uniform were stuck on walls. Certainly poor taste, but I don't think that that type of expression could legitimately be called incitement. After Rabin was murdered it actually transpired that the posters were the work of the Internal Secret Service (Shabak not Mossad), and not right wing extremists. <br /><br />A neighbor of mine Michael Netzer, who, as Michael Nasser used to illustrate comics for DC and Marvel in the Sixties, made a parody statue of Arafat holding a US flag that was positioned opposite the American Consulate in Jerusalem. The Americans petitioned the court, and then Chief Justice Barak allowed the statue to remain as being legitimate parody and freedom of expression.<br /><br />Both cases above are public interest freedom of speech.<br /><br />There is an Israeli children's adventure series called the Samba 5 that I understand has some similarities to Enid Blyton's various series (Famous Five, Secret Seven, etc.). The author managed to get an injunction against a book describing the characters in middle age, where a couple had married, there was an affair, one was homosexual, problems of obesity, etc.<br /><br />I can see why such an author might see such a parody as problematic, but the books represented the childhood of the readers who are now adults.<br /><br />I think she did get an injunction against the book.<br /><br />The problem is that very many political cartoons in newspapers, a not inconceivable amount of political columns, and satirical programs on TV are often offensive to those being ridiculed, which often includes clergy and politicians. <br /><br />Sometimes satire is poor taste, often it is offensive, but it is important in a democracy. One can argue about the value of blasphemy laws, but these should be strictly limited. Michael Factorhttp://blog.ipfactor.co.ilnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-60736621983561754712014-09-03T12:29:35.152+01:002014-09-03T12:29:35.152+01:00Well said Michael. My initial reaction was "N...Well said Michael. My initial reaction was "Not another instance of the tired plodding horse of overall assessment ... please!" but I wish it had been what Michael said.<br /><br />My reading of the judgment is that the work comprising the creative effort of the author (sometimes called the expression of their personality by our other European colleagues) and the repute of the subject of the work are conflated. In other words denigration of the subject (of the work) is the same as the denigration of the work itself.<br /><br />Either that or (once again) it is a badly translated judgment - I have not got time to look into it. For an example of badly translated judgments, I commend reading paragraph 80 of the Google decision in both Spanish and English. You have to be a Spanish speaker (as I am) to see how bad (and terrifyingly inaccurate) the translation is.<br /><br />AshleyAshley Roughtonhttps://www.blogger.com/profile/11867564640201688641noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-31675852651015676132014-09-03T12:24:16.096+01:002014-09-03T12:24:16.096+01:00"What the CJEU thinks, according to the press..."What the CJEU thinks, according to the press release, is that "if a parody conveys a discriminatory message, a person holding rights in the parodied work may demand that that work should not be associated with that message." So basically the CJEU is saying that there is sort of a "right to be forgotten" also when it comes to offensive parodies."<br /><br />That's not how I read it. Aren't they talking about the person holding rights in the parodied work? i.e. the person who created the work that the parody adapts? This is usually not the person being mocked in said parody, so I don't see how it relates to a "right to be forgotten".SGhttps://www.blogger.com/profile/14533346450129049222noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5015894770585457902014-09-03T10:21:45.480+01:002014-09-03T10:21:45.480+01:00This is scary. The whole point of parody is to be ...This is scary. The whole point of parody is to be subversive.<br /><br />The parodied may object, but as long as the parody is clearly parody and there is no likelihood of confusion, it should be allowed.<br /><br />I don't expect that Nazi Germany showed the Great Dictator when it first came out, but modern Europe is not supposed to be a totalitarian state without freedom of expression. <br /><br />Sometimes Satire is in poor taste and it can legitimately be criticized. The current decision makes Goodness Gracious Me's sketches illegal. It's rediculous.Michael Factorhttp://blog.ipfactor.co.ilnoreply@blogger.com