COURT RULES THAT HUMORISTIC PARODY DOES NOT INFRINGE COPYRIGHT AND THAT ITS REMOVAL FROM YOUTUBE MUST BE INDEMNIFIED
The Santa Catarina Court of Justice has ordered Google to pay R$ 10,000 as moral damages, as well loss of profits to the author of a humoristic musical parody due to the exclusion of the author’s video from YouTube.
According to the Reporting Judge of the case, the humoristic work did neither constitute a copy of the original song, nor did it denigrate the image of its author, owner of the copyrights over the song.
It was concluded that there was no act of unfair competition and that there was no confusion or doubt in the mind of the users of the platform as to the difference between the songs, since the target audience and the content of the original song and the parody were deemed different.
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Rafael Pessoa
