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An article proposed in the reform of the copyright law of the European Union is raising many questions regarding the use of protected material on the internet. The text of Article 13 reads: “Information society service providers who store and provide the public with access to large quantities of works or other protected material carried by their users shall, in cooperation with rightholders, take measures to ensure the agreements concluded as holders of rights in respect of the use of their works. “

Basically, the new text aims to protect copyright holders against the commercial use of their creations without permission. As this monitoring would be done through algorithms, it is possible that spontaneous contents made by ordinary users are also blocked by the filter.

In Brazil, copyright law is clear in saying that parodies do not constitute a copyright offense, even if made for commercial purposes. But there is no clear definition of what constitutes parody, creating the need for interpretation on a case-by-case basis.

We also find difficulty in defining meme. Are all memes parodies? Are all parodies memes? This type of questioning can only be answered in situations where the copyright owner feels he or she is injured bring the matter to court.

Lawyer Author of the Comment: Vittória Cariatti Lazarini


Headline: Com a nova lei, sites cujo conteúdo é feito pelos usuários devem estar 100% atentos a infrações de direitos autorais

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”
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