After the success of the first virtual COMMUNIA salon we held a follow-up event on Thursday, the 18th of June, focussing on the role of the now mandatory exceptions and limitations for quotation, criticism, review, caricature, parody and pastiche in the context of the implementation of Article 17 of the DSM directive. Special attention was given to the role of the pastiche exception and examine how a broad conception of pastiche can provide a legal basis for a wide range of transformative uses of protected works on online platforms.
In the context of the discussion on the implementation of Article 17, scholars have argued that the concept of pastiche (“a musical, literary, or artistic composition made up of selections from different works“) provides a legal basis for safeguarding transformative uses that are commonly referred to as User Generated Content. The COMMUNIA salon explored this possibility and discussed how Member States can best make use of the room provided by the pastiche exception when implementing Article 17 of the DSM directive.
COMMUNIA Salon 2020/2: protecting freedom of expression via the pastiche exception from COMMUNIA on Vimeo.
