Paródia e direito da propriedade intelectual
: inovação ou apropriação?

  • Ana Cláudia Azevedo Duarte Araújo (Student)

Student thesis: Master's Thesis

Abstract

Parody is an ancient genre that is still relevant today. We can find evidence of it in the world of literature, art, music and cinema. With the growing evolution of technology, parody has become increasingly common. Its proliferation is related to the emergence of new platforms for contact and sharing, namely social networks. The ease with which a parody can be made and presented to the digital world leads to disputes arising in the field of intellectual property rights. Conflicts arise when the parodist, exercising their rights to freedom of expression and criticism, develops a work inspired by another protected by copyright without the authorisation of the owner of the exclusive rights to the parodied work. Awareness of the importance of parodies in society and the need to protect fundamental copyright have led to attempts by national and European Union (EU) legislators to regulate them. This study aims to discuss the treatment of parody in Portugal by comparison with EU and international law. We also wanted to reflect on and investigate solutions that would enable Portuguese copyright law to safeguard its rights, freedoms and guarantees within the Portuguese legal system.
Date of Award20 Feb 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorNuno Sousa e Silva (Supervisor)

Keywords

  • Collision of fundamental rights
  • Copyright
  • Exception
  • Freedom of expression
  • Humor
  • Parody

Designation

  • Mestrado em Direito

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