Parody
The EU has recognised parody as 'an autonomous concept of EU law' that must be interpreted uniformly in all EU countries. The Court solemnly addressed itself to the question of whether parody had to contain an element of humour or mockery and (unfortunately for those whose fanfic disclaimers state that their work is one of parody) decided it did: 'the essential characteristics of parody, are, first, to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept of ‘parody’, within the meaning of that provision, 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.'
So - this is what we're working with in the EU. It doesn't help fanfiction much, but it does bolster the UK citizen's perceived right to mock absolutely anything and anybody in any circumstances.
So - this is what we're working with in the EU. It doesn't help fanfiction much, but it does bolster the UK citizen's perceived right to mock absolutely anything and anybody in any circumstances.