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14 October 2022 / David Langwallner
Issue: 7998 / Categories: Features , Intellectual property , Commercial , Defamation
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Artistic parody: Making a mockery

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In UK law, artistic parodies remain in a grey area between freedom of expression & protecting commercial reputations, as David Langwallner explains

It is arguable that most art is, on some level or another, homage or parody. If we take the late paintings of Picasso, many involved reworkings of the tropes of European art, including 58 paintings alone based on Diego Velázquez’s Las Meninas. ‘I borrow from the best’ is the rule of great art.

In terms of artists of the classical heritage, the most parodied artist is arguably Leonardo da Vinci—from Marcel Duchamp’s famous parody of The Mona Lisa, to a 2005 Last Supper-style advertisement which caused considerable controversy for the French fashion house responsible, and was banned in Italy and France. Parody is close to the edge.

Though da Vinci is outside of copyright protection on account of the ‘life plus 70 years’ rule, art galleries continue to litigate extensively—with mixed results—for their copyright in reproductive images, and argue that parody does reputational

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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