Пародията в авторскоправната теория и практика
PARODY IN COPYRIGHT THEORY AND PRACTICE

Summary/Abstract: This study is targeted at clarifying the essence of parody and the issues connected with its creation and use. Consideration is given to its specifics as a work from the viewpoint of literary theory and the techniques used in parodying. An analysis is conducted of parody as a subjective form of the philosophical category of ‘laughable’. Special attention is given to its place in the theory of copyright, and the conclusion arrived at is that parody is a new, independent and original work. A comparison is made with derivative works, quoting, plagiarism, remake and cover. In support of the aforesaid, an examination is made of the legal regulation contained in Directive 2001/29/ЕU, the practice of the Council of the EU and the legislation of countries that are leaders in copyright doctrine. An interesting case from the Bulgarian judicial practice is examined. An outline is given of the tendencies in the legal regulation of parody brands. Finally, arguments are brought substantiating the need for introducing parody into the operative legislation, namely as part of the provisions of Art. 24 of the Law on Copyright and Related Rights.

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