Deckmyn v Vandersteen
Deckmyn v Vandersteen | |
---|---|
Submitted 8 April 2013 Decided 3 December 2014 | |
Full case name | Johan Deckmyn and Vrijheidsfonds VZW vs Helena Vandersteen, Christiane Vandersteen, Liliana Vandersteen, Isabelle Vandersteen, Rita Dupont, Amoras II CVOH and WPG Uitgevers België |
Case | C‑201/13 |
CelexID | 62013CC0201 |
ECLI | ECLI:EU:C:2014:2132 |
Case type | Reference for a preliminary ruling |
Chamber | Full chamber |
Language of proceedings | Dutch |
Nationality of parties | Belgium |
Procedural history | Reference of the court of appeal of Brussels (Belgium) |
Court composition | |
P. Cruz Villalón | |
Instruments cited | |
Information Society Directive (Directive 2001/29/EC) |
Johan Deckmyn and Vrijheidsfonds VZW vs Helena Vandersteen, Christiane Vandersteen, Liliana Vandersteen, Isabelle Vandersteen, Rita Dupont, Amoras II CVOH and WPG Uitgevers België is a
The ruling was requested by the court of appeal (Dutch: hof van beroep) of Brussels (Belgium) in a case of Vlaams Belang politician Johan Deckmyn who had copied a cover of Spike and Suzy (Dutch: Suske en Wiske), in which he had positioned Daniël Termont, the mayor of Ghent. The rights holders of the comic had sued Deckmyn for copyright infringement. Because the interpretation of EU law was involved in the case, the Belgian court made the reference.
History
On 9 January 2011, during the New Year's reception of the city of Ghent, the Flemish nationalist political party Vlaams Belang handed out 2000 calendars with a cover largely copied from the cover of the 1961 Spike and Suzy comic De Wilde Weldoener (the Wild Benefactor). In the derivative image, money was distributed by Daniël Termont, the mayor of Ghent, whose image replaced that of Lambic, the original character.[1] The persons collecting the money had dark-coloured skin and were wearing scarfs.[2] Vlaams Belang politician Deckmyn said he wanted to highlight that in Ghent tax payer's money was mainly channelled to non-Ghent people, reducing the quality of life in the city as a whole. He indicated that "a child could see it was a parody" of the original Spike and Suzy cover.[3]
The publisher of Spike and Suzy, WPG Uitgevers, said there had been no contact regarding the cover with them, and that no permission had been given; they dissociated themselves from the text and said that in their opinion the cover was "beyond parody": Willy Vandersteen, the author of the comic, had written in his will that his comics could never be used for political purposes.[3]
Belgian court cases
The civil division of the
- Is the concept of "parody" an independent concept in European Union law?
- If so, which of four suggested characteristics of parody have to be met to determine if a work is a parody?
- Are there additional requirements?
The court stayed proceedings while awaiting the answer of the EU court.[2]
Court of Justice of the European Union
Besides the parties in the conflict, the
Opinion of the Advocate General
The opinion of
Court Ruling
The court's decision was published on 3 September 2014.[7] The court largely followed the position of the Advocate-General: regarding the first question, the term "parody" is an independent concept, as its definition was not explicitly left to the national law. Its definition should thus the same in all member states applying the directive. The court indicated that in order for a work to constitute a parody it is required to "evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery". The parody itself does not need to meet originality requirements for a work, although it must be noticeably different from the work it is based on. Lastly the court specified that courts should strike a fair balance between the rights holders of the original work, and the maker of the parody.
Chronology of events
In the table below the events and the involved parties are placed in chronological order.
Date | Event | Other parties/effect |
---|---|---|
1961 | Willy Vandersteen writes Spike and Suzy comic "De Wilde Weldoener"[4] | |
28 August 1990 | Willy Vandersteen dies | his heirs obtain copyrights[2] |
9 January 2011 | Vlaams Belang politician Deckmyn hands out a calendar containing a reworked cover of "De Wilde Weldoener"[1] | the cover depicts Ghent mayor Daniël Termont |
17 February 2011 | The tribunal of first instance rules the calendars constitute copyright infringement[2] | the case was started by Vandersteen et al. against Deckmyn and Vlaams Belang associated organisation Vrijheidsfonds VZW |
15 April 2011 | Deckmyn and Vrijheidsfonds appeal the decision to the Brussels court of appeal[2] | |
8 April 2013 | The court of appeal asks the European Court of Justice (ECJ) for a preliminary ruling regarding the "parody exception"[2] | When in doubt about the interpretation of EU law, the court is allowed to ask for such a ruling. |
7 January 2014 | The ECJ holds an oral hearing[5] | The parties are heard; input is received also from the European Commission and Belgium (orally or in written form) |
22 May 2014 | ECJ Advocate-General gives his opinion on the case[5] | The opinion serves as advice to the ECJ |
3 September 2014 | ECJ answers the questions referred for a preliminary ruling[6] | The answers are binding on the requesting court, and constitute a "factual precedent" for other EU courts.[8] |
Case is retracted or the court of appeal of Brussels rules[6] | The verdict may be appealed only regarding points of law in cassation[9] |
See also
References
- ^ a b "Rechter moet oordelen over 'Suske en Wiske'-parodie van Vlaams Belang". De Standaard (in Dutch). 22 May 2014. Retrieved 2 June 2014.
- ^ a b c d e f g h "Arrest" (PDF). Hof van Beroep te Brussel (in Dutch). 8 April 2013. Retrieved 4 June 2014.
- ^ a b "Suske en Wiske dagvaarden Vlaams Belang". Het Nieuwsblad (in Dutch). 14 January 2011. Retrieved 2 June 2014.
- ^ a b "Vlaams Belang veroordeeld voor Suske en Wiske-kalender". Gazet van Antwerpen (in Dutch). 22 February 2011. Retrieved 2 June 2014.
- ^ a b c d "Conclusie van Advocaat-Generaal P. Cruz Villalón". Europa.eu. 22 May 2014. Retrieved 4 June 2014.
- ^ a b c "Nationale rechter moet oordelen over 'Suske en Wiske'-parodie Vlaams Belang". Het Laatste Nieuws (in Dutch). 22 May 2014. Retrieved 18 June 2014.
- ^ JUDGMENT OF THE COURT (Grand Chamber), Case C‑201/13. Preliminary ruling. Retrieved 23 April 2015.
- ^ Carl Baudenbacher. "The implementation of decisions of the ECJ and of the EFTA court" (PDF). Texas International Law Journal. 40: 384–416.
- ^ "Hof van Cassatie van België". Federale Overheidsdienst Justitie (in Dutch). Retrieved 15 July 2014.
External links
- Court of Appeal Decision of 8 April 2013 in which preliminary questions are asked.
- Preliminary questions
- Opinion of Mr Advocate General Cruz Villalón delivered on 22 May 2014, ECLI:EU:C:2014:458
- ECLI:EU:C:2014:2132 court decision