https://www.youtube.com/watch?v=dshhTU1dY_A
LEGAL PROTECTION OF PARODY AND SATIRE
Law April 22, 1941 n.633 (OJ 166 of 16 July 1941), extracted by Article 1: “They are protected under this law works creative intellectual […], whatever the mode or form of expression. ”
This law states simply that everything is made of creative ingenuity is protected by Copyright. It follows that the creation of images that refer to his humor, his creative skills, etc. is an element protected by law and belongs to its creator, then the parodist.
Law cited above, extracted in Article 3: “The collective works, formed by the assembling of works or parts of works, which have the character of autonomous creation, resulting from selection and coordination with a specific […] artistic, […] are protected as original works, independently and without prejudice to the rights of copyright on the works or parts of works of which they are composed. ”
This law is pretty important part of the parody. It indicates that a work created by joining other works or parts thereof is to be considered independent if it were the result of an artistic choice. Opera to be considered also protected as original work, and without prejudice to other existing copyright.
Law cited excerpt Article 4: “Without prejudice to the rights subsisting in the original, are also protected the elaborations of creative work itself, which […] the transformations into other form […] artistic, modifications and additions constituting a substantial remodeling of the original, adaptations, arrangements, abridgments, the changes do not constitute an original work. ”
In this law it is emphasized that the changes and additions made to an existing work (in the case of a new parody elaboration of new texts, new scenes Amateur, writing, special effects, their images, etc.) Are protected and no prejudice to existing copyright.
Directive 2001/29 / EC of the European Parliament and of the Council of 22 May 2001 (OJ No. L 167, 22/06/2001), extract of Article 5: “They are exempted from the law […] acts of reproduction […] without economic significance that are […] an integral and essential part of a technological process […] “, in particular paragraph 3 letter K” when the use for the purpose of caricature , parody or pastiche. ”
This Directive is specific for parody. In this sense, the law specifies that you can distribute work parodied nonprofit and without being subject to copyright existing.
Trib. Milan January 29, 1996, in Foro it., 1996, I, 1426, and in Dir. Industrial, 1996, 479, n. MINA; Trib. Milan November 15, 1995 in Jur. It., In 1996, I, 2, 749, in particular to the statement: “In this regard, trying to analyze legally this case, it should be pointed that the parody, according to the case, is always resolved in an autonomous and distinct from the reference and does not require the consent of the holder of the right of exploitation. The work will therefore be attributable only to the parodist and never, even in part, author of the work parodied. ”
Article 21 of the Italian Constitution, “Everyone has the right to freely express their thoughts in speech, writing or any other means of communication.” E ‘therefore assured the right “of satire as a constitutional fundamental right.”
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Sign In Funny Tube: https://www.youtube.com/channel/UCam_y9fXMIvgr4FXFeFPOGw
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