Giuseppe Simone - The Trial - By Christian Ice
#1KGdiVagina
Music Rearranged and Performed by Christian Ice
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LEGAL PROTECTION OF PARODY AND SATIRE
Law No. 633 of April 22, 1941 (Official Gazette No. 166 of July 16, 1941), excerpt from Article 1: "Creative intellectual works [...] are protected under this law, regardless of their mode or form of expression."
This law simply states that everything created by creative ingenuity is protected by copyright. It follows that the creation of images that reference one's humor, creative talent, etc., is protected by law and belongs to its creator, therefore the parodist.
The law cited, excerpt from Article 3: "Collective works, consisting of the assembly of works or parts of works, which have the character of an autonomous creation, as a result of selection and coordination for a specific artistic purpose [...], [...] are protected as original works, independently and without prejudice to the copyright on the works or parts of works from which they are composed."
This law is quite important in the context of parody. It states that a work created by assembling other works or parts of them is to be considered autonomous if it is the result of an artistic choice. Such a work is also to be considered protected as an original work and without prejudice to other existing copyrights.
The law cited, excerpt from Article 4: "Without prejudice to existing rights on the original work, creative elaborations of the work itself are also protected, such as [...] transformations from one artistic form into another [...], modifications and additions that constitute a substantial reworking of the original work, adaptations, reductions, abridgements, variations that do not constitute an original work."
This law emphasizes that modifications and additions made to an existing work (in the case of parody, a new elaboration of new texts, new amateur scenes, writings, special effects, one's own images, etc.) are protected without prejudice to existing copyrights.
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 (OJ L 167, 22/06/2001), excerpt from Article 5: "Exempt from the right are [...] acts of reproduction [...] which have no independent economic significance and are [...] an integral and essential part of a technological process [...]", specifically paragraph 3, letter K, "when the use is for the purpose of caricature, parody, or pastiche."
This directive is specific to parody. In this sense, the law specifies that it is possible to distribute a parodied work without profit and without incurring any existing copyright.
Court of Milan, January 29, 1996, in Foro it., 1996, I, 1426 and in Dir. Industriale, 1996, 479, no. MINA; Court of Milan, November 15, 1995, in Giur. It., 1996, I, 2, 749, specifically the statement: "In this regard, attempting to legally analyze this case, it must be noted that parody, according to case law, always constitutes an autonomous and distinct work from the reference work and does not require the consent of the owner of the exploitation rights. The work will therefore be attributable only to the parodist and never, not even in part, to the author of the parodied work."
Article 21 of the Italian Constitution states: "Everyone has the right to freely express their thoughts through speech, writing, and any other means of communication." Therefore, the right to satire is guaranteed as a fundamental constitutional right.