In the next two comments [5 and 6], Prof. Ryszard Markiewicz reflects on fair use in the form of parody, pastiche, and caricature. He writes about how the Court of Justice of the European Union has extended the definition of parody, essentially beyond the linguistic meaning of the term. The same approach can be expected with regard to pastiche and caricature. Although I am aware of the specific manipulation involved in such interpretations, I support them because they broaden the excessively narrow framework provided by EU law for the exploitation of other people’s creative work in one’s own activities. These texts also show that the CJEU is using autonomous concepts to extend the scope of permitted use, but then requiring national courts to narrow it down using a three-step test, which is somewhat similar to the American fair use doctrine [except that it unilaterally limits the scope of permitted exploitation of other people’s works]. Links to the texts on the website prawo.pl Wolters Kluwer Polska: https://www.prawo.pl/biznes/prof-markiewicz-pastisz-parodia-karykatura-prawo-autorskie,532281.html
