Copyright case: Peppone v. Tintinimaginatio, France

According to French law, to fall under the parody exception, the second work must evoke the pre-existing work and present significant differences from it so there is no possible confusion with the parodied work, as well as constitute a manifestation of humour and mockery.

If the second work does not satisfy these conditions, and does not alter the nature and/or significance of the original work but constitutes a misappropriation of notoriety for commercial purposes, it will not be covered by the parody exception.

Case date: 24 November 2022

Case number: 22/04302

Court: Court of Appeal of Aix-en-Provence

A full summary of this case has been published on Kluwer IP Law.