header-logo header-logo

14 October 2022 / David Langwallner
Issue: 7998 / Categories: Features , Intellectual property , Commercial , Defamation
printer mail-detail

Artistic parody: Making a mockery

97406
In UK law, artistic parodies remain in a grey area between freedom of expression & protecting commercial reputations, as David Langwallner explains

It is arguable that most art is, on some level or another, homage or parody. If we take the late paintings of Picasso, many involved reworkings of the tropes of European art, including 58 paintings alone based on Diego Velázquez’s Las Meninas. ‘I borrow from the best’ is the rule of great art.

In terms of artists of the classical heritage, the most parodied artist is arguably Leonardo da Vinci—from Marcel Duchamp’s famous parody of The Mona Lisa, to a 2005 Last Supper-style advertisement which caused considerable controversy for the French fashion house responsible, and was banned in Italy and France. Parody is close to the edge.

Though da Vinci is outside of copyright protection on account of the ‘life plus 70 years’ rule, art galleries continue to litigate extensively—with mixed results—for their copyright in reproductive images, and argue that parody does reputational harm and damages commercial interests.

Parody protection: the US approach

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll