Browsing by Subject "pastiche"

In this thesis I examine how pastiche has developed as an exception and limitation to copyright in the EU law and how it could develop in the future. The context of the study is remixed artwork and user generated content within the EU copyright. To study how pastiche has evolved in the EU jurisprudence and what improvements scholars have suggested for the EU copyright, I start by examining the legality of remixes and remix culture. It is relevant to understand how pastiche has been defined in law and what definition suggestions legal scholar have mede for its legal definition since the EU legislator has not yet done so. What effects the interpretation and application of pastiche in the EU jurisprudence is the EU legislation such as InfoSoc Directive, CDSM Directive and European Fundamental Rights. As a native, I am interested in how pastiche has presented itself in the Finish law and how it compares to the neighboring Sweden which Finland has shared practically identical copyright law with. To explore how pastiche has been utilized in the EU courts, I have chosen to study the German cases of Pelham and Scorched Earth, the latter being still ongoing battle in the CJEU and the former the first German case where the pastiche plea was successful. The implementation periods of the InfoSoc Directive have a significant effect on how the exceptions and limitations to copyright have been applied by the EU courts. To contemplate how pastiche could evolve in the future legislation I present suggestions of legal scholars on how to improve the EU copyright law. These include reputational harm and the application of trademark infringement. For the latest development in the EU copyright, I present the CDSM Directive Article 17 and how it has affected the liability regime and user generated content on online content-sharing platforms. I examine what benefits pastiche could provide for user generated content and if there are means to avoid the negative effects of automated filtering in the context of user generated content shared online. In the conclusions I present the results of my study and provide my own proposal how pastiche could be defined legally.