A short case review on the Hungarian parody ruling – published by JIPLP
We have spent a lot of time with discussing the Superman parody decision on this blog. My short case review was recently made available by JIPLP on its website.
The article starts as follows:
BDT2020. 2. Municipal Court of Appeals (Hungary), Ruling 8.Pf.20.424/2019/5. Officially published in Bírósági Döntések Tára, Issue 1/2020, 10–14
The Municipal Court of Appeals has confirmed that the parody defence is unavailable under Hungarian copyright law due to the lack of an express statutory recognition.
Ruling 8.Pf.20.424/2019/5 of the Municipal Court of Appeals is of great significance as it is the highest level ruling so far on the parody defence in Hungarian copyright law. Hungary is one of those Member States of the European Union that did not implement Article 5(3)(k) of Directive 2001/29 concerning an exception or limitation for ‘parody, caricature and pastiche’ into their national copyright laws (Act LXXVI of 1999 on Copyright).