The not-so-optional parody exception

Author: Tito Rendas (Universidade Católica Portuguesa)
Published: 03.11.2022
Image by Perlenmuschel via Pixabay This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN.   Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning that Member States could choose to implement it or not into their domestic legal orders. This exception was made mandatory by Article 17(7) of the CDSM Directive, as a safeguard against the over-blocking of user-uploaded content. However, Article 17(7), coupled…