Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning that Member States could choose to implement it or not into their domestic legal orders. This exception was made mandatory by Article 17(7) of the CDSM Directive, as a safeguard against the over-blocking of user-uploaded content. However, Article 17(7), coupled with Recital 70, suggests that the obligation to transpose the parody exception is limited to the need to ensure that users are allowed to make their content available on online content-sharing platforms … (more)
[Tito Rendas, Kluwer Copyright Blog, 3 November 2022]
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