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Vol 24 No 5 May/June 2019

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Remedies for Torts, Breach of Contract, and Equitable Wrongs

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The Right To Parody: Comparative Analysis of Free and Fair Speech

ISBN13: 9781108427388
Published: January 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £80.00

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In The Right to Parody: Comparative Analysis of Free and Fair Speech, Amy Lai examines the right to parody as a natural right in free speech and copyright, proposes a legal definition of parody that respects the interests of rights holders and accommodates the public's right to free expression, and describes mechanisms to ensure that parody will best serve this purpose. Combining philosophical inquiry with robust legal analysis, the book draws upon examples from the United States, Canada, the United Kingdom, France, and Hong Kong. While it caters to scholars in intellectual property and constitutional law, as well as free speech advocates, it is written in a non-specialist language designed to appeal to any reader interested in how the boom in online parodies and memes relates to free speech and copyright.

  • Proposes a new view of parody in copyright law
  • Brings together common and civil law jurisdictions in discussion
  • Covers an Asian jurisdiction and offers an in-depth study of the sociopolitical landscape of Hong Kong as it illuminates the significance for its copyright law to adopt a parody exception
  • Combines philosophical inquiries with legal analyses in this multijurisdictional studies

Human Rights and Civil Liberties
Part I.:
1. The Natural Right to Free Speech and Parody
2. The Natural Right to Parody Copyrighted Works

Part II.:
3. The Parody/Satire Dichotomy in American Law
4. Canada's Potential Parody/Satire Dichotomy
5. The (Deceptively) Broad British Parody Exception
6. The Broadening French Parody Exception
7. A Parody Exception for Hong Kong in Crisis