“Do you want some ’Tegridy?”

A paródia célú felhasználások megítélése a szerzői személyhez fűződő jogok tükrében

Abstract

The relationship between parody and the author’s moral rights have typically been discussed only marginally in the international or domestic legal literature; the conflict between parody and moral rights is rarely analyzed in depth. The purpose of this paper is thus to explore this seemingly forgotten question about parody. The international regulatory environment of moral rights will be presented first, followed by an analysis of the relevant sources of the European Union’s acquis and the case-law of the Court of Justice of the European Union. The legislation of this area in two of the most significant states, France and the United States will also be explored, as their approaches differ greatly from each other. After an analysis of the relevant Hungarian legal regulations and practice, this paper makes de lege ferenda proposals to resolve the conflict between parody and moral rights in the Hungarian Copyright Act.