The use of parodies, potpourri and caricature without a permission from the copyright holder is now allowed in Ukraine
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Effective October 27, any person can create parodies, potpourri and caricature without getting a permission from the author of copyrighted works. It has become possible after the amendments to the Copyright and Related Rights Act of Ukraine have come into force regarding the use of copyrighted works in parodies, potpourris and caricatures. All you have to do is to indicate the author and the source.
It should be noted that until now, there was no regulatory framework in Ukraine to cover such issues. Therefore, all authors were protected against the use of their works (or parts of works) for parodies or caricatures. In other words, previously, if such use had been insulting or simply undesirable for authors, they were entitled to restrict it.
According to the latest amendments, the Law provides the following definitions:
- Caricature - is a work of visual art, a creative remake of the rightfully published work of art, including the characters described in the work of art or such characters’ names, is comic or satirical, or makes a mockery of certain persons or events (Charlie Hebdo is one of the most well-know caricature periodicals);
- Parody - is a work of art, a creative remake of the rightfully published work of art, is comic or satirical, or makes a mockery of certain events or persons (for example, Scary Movie, a series of horror comedy parody films, and Saturday Night Live, a comedy TV show);
- Potpourri - is a piece of music or other work of art, which is a creative selection or arrangement of excerpts from other rightfully published works, or imitates the creative style of other authors/performers, or the style of works created during earlier historic periods (for example, music compilation of the school waltz).
Such statutory innovations fall under the world’s best practices and will encourage the development of show business and art in Ukraine.