Melanie Horn

Parodien im Immaterialguterrecht

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ISBN: 9783847113744
Author : Melanie Horn
Published: 2021
Publisher: V & R Unipress GmbH
Number of pages: 299
Language: German
Format: Hardback
Format: 235×160

Description

The parodic use of designs protected by intellectual property law and the rights and interests of the parodied are in conflict. While the parodist is always dependent on taking over the defining elements, such taking over is generally reserved for the owner of the intellectual property right. This comprehensive right to prohibit clashes with the parodists freedom of art and expression, which is protected by constitution. Melanie Horn works out criteria that enable a fair solution to the conflict of interest. While the interests of the parody were not taken into account in copyright law, the admissibility of the parody in trademark and design law can be assessed on the basis of an overall view of the relevant norms. The author therefore proposes the introduction of a parody barrier similar to the parody barrier expressly regulated for the first time by the law to adapt copyright law to the requirements of the digital single market of May 31, 2021 (Federal Law Gazette I 1204) with § 51a UrhG.

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