Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc)

This (optional) exception allows reproduction, communication to the public or making available to the public - by any user, of works, for the purpose u of caricature, parody or pastiche.

The EU Court of Justice has pronounced ‘parody’ an autonomous concept of EU law in Deckmyn (Case C‑201/13). The essential characteristics of parody are i) to evoke an existing work while being noticeably different from it and ii) to constitute an expression of humour or mockery. The concept of ‘parody’ is not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; that it should relate to the original work itself or mention the source of the parodied work.

This exception has been implemented in the following Member States: