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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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