According to French law, to fall under the parody exception, the second work must evoke the pre-existing work and present significant differences from it so there is no possible confusion with the parodied work, as well as constitute a manifestation of humour and mockery.
If the second work does not satisfy these conditions, and does not alter the nature and/or significance of the original work but constitutes a misappropriation of notoriety for commercial purposes, it will not be covered by the parody exception.
Case date: 24 November 2022
Case number: 22/04302
Court: Court of Appeal of Aix-en-Provence
A full summary of this case has been published on Kluwer IP Law.
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