Gabriele Spina Alì (PhD Candidate)
European Intellectual Property Review
2015, Vol 37, Issue 12, pp 756-764
Abstract: In the YouTube era overdubbing parodies, produced by juxtaposing new ironical auditory plot lines and screenplays on famous video motions, represent a noteworthy creative reality. In Italy, the lack of a legislative regulation of parodies causes ambiguities over the infringing status of overdubbing creations in respect to the copyright in the parodied work. This article shows how overdubbing practices exasperated the fragile construction on which Italian courts have upheld a general "freedom of parodying", while also urging Italian legislative bodies to take prompt action so that "freedom to operate" is guaranteed to parodists, whose contributions play a key-role in enriching our societies through the amusing, but in the meantime cathartically reflexive, instrument of laughter.
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