#EU#DSM#Copyright#Pastiche#Parody#FairUse: "This review of the national implementations in 26 Member States reveals that, five years after the entry into force of the DSM Directive, the EU does not yet offer a harmonised treatment of caricature, parody and pastiche, as envisioned by COMMUNIA’s policy recommendation #6 and policy recommendation #7.
The failure of the Czech Republic and Latvia to cover pastiche within their exceptions is particularly problematic because the pastiche exception appears to take into account artistic freedom considerations that are not adequately safeguarded by parody and caricature, raising even the question if it can be qualified as a general exception for artistic freedom. In our opinion, the omission is relevant enough for the Commission to initiate infringement proceedings against those countries, as is the omission of Spain to cover caricature.
The fact that six Member States failed to extend the exception for caricature, parody or pastiche to uses beyond the for-profit platforms covered by Article 17 shows that EU copyright law, as it stands, has yet to exhaust all the fundamental freedom considerations that the EU Charter of Fundamental Rights imposes on its Member States. The EU legislator can certainly do more to achieve a fundamental-rights compliant copyright framework across the EU, and to actually save the memes and other expressions of fundamental freedoms across territories, platforms and AI-powered tools."