Copyright law never ceases to surprise us with its complex yet interesting issues that affect our day to day lives. About a week ago, the IP world was flooded with news that pictures of the Eiffel Tower taken at night would amount to infringement of copyright, however pictures taken during the day wouldn’t violate provisions of the copyright law in France. The European Union in 2001 issued a directive with respect to copyright law stating that photographs of buildings in public spaces can be taken free of charge and that it would not amount to copyright infringement of the architectural work. However, since this was an optional rule, some EU nations like France and Belgium chose to do otherwise.
The quote above might be a little misplaced since this article is about parodies of trademarks and their position in Indian law but Weird Al’s words reflect certain irrefutable truths about parodies. One such truth is that parodies are an imitation (either comical or satirical) of something famous and well-established which would inevitably be imitated. Parodists walk a thin line. For creating a good parody, a parodist must sufficiently borrow from the original for the audience to recognise it and yet ensure that not too much is borrowed lest it constitute an infringement of the rights in the original.
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