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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 6, 2006
Journal of Intellectual Property Law & Practice 2006 1(11):694-696; doi:10.1093/jiplp/jpl145
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© The Author (2006). Published by Oxford University Press. All rights reserved.

Current Intelligence

Parody exception again denied in Belgium

Joris Deene
University of Ghent and Storme-Leroy-Van Parys Belgium

The Antwerp Court of Appeal confirms the tendency in Belgian jurisprudence to be very cautious in its application of the parody exception to copyright infringement. The alleged ‘Miffy’ parody on the cover of the magazine Deng is, according to the court, too slavish a copy of the original, and thus in itself insufficiently original. Moreover the moral rights of artist Dick Bruna were infringed. A freedom of expression appeal was also rejected, this fundamental right being already encapsulated in the existing exceptions to copyright.


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