Revisions to EU copyright laws came into effect today, including a change to legalise so-called ‘mash-ups’, better known as parody productions. This includes spoof videos of famous songs, but only if they are ‘deemed sufficiently funny.’
The semi-controversial ruling is part of the new European Copyright Directive. Previous copyright rules meant that there was a risk of being sued for breach of copyright when similar material was used without original consent. However, under the new laws, parody producers will only be vulnerable to legal action if the material is in direct competition with the original or contains a discriminatory message.
Somewhat unusually, however, it would be down to a judge to rule whether the content is sufficiently funny to avoid being discriminatory.
Eleonara Rosati, a lecturer in intellectual property at the University of Southampton, suggests the law could create great controversy due to the often-occurring discrepancy between intent and effect.
“Of course, humour may change from person to person. What is perceived as funny by some may not be funny by another,” she said.
The EU rules state: “The only, and essential, characteristics of parody are, on the one hand, to evoke an existing work while being noticeably different from it and, on the other, to constitute an expression of humour or mockery.
“If a parody conveys a discriminatory message (for example, by replacing the original characters with people wearing veils and people of colour), the holders of the rights to the work parodied have, in principle, a legitimate interest in ensuring that their work is not associated with such a message.”
Record labels had been campaigning to put an end to mash-ups, which are created by re-editing existing material and are popular on the internet and social media, and usually intended for humorous or satirical expression.