‘Copyright vs parody: the fair balance doctrine in front of the Italian Supreme Court’

On 30 December 2022, the Italian Supreme Court (Corte di Cassazione) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l 633/1941, l aut). The decision concerns an advertising campaign of a mineral water company. The commercial video promoting the mineral water features a humorous version of the Zorro character created by Johnston McCulley in 1919, but itself inspired by earlier literary figures such as Robin Hood and the Scarlet Pimpernel as well as, according to some speculation, Joaquin Murrieta, a California outlaw who lived in the 1800s. The company that owns the copyright on the Zorro character sued the mineral water company for copyright infringement … (more)

[Roberto Caso, Kluwer Copyright Blog, 29 March 2023]

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