SATIRA DIN PERSPECTIVA DREPTULUI DE AUTOR
SATIRE FROM THE POINT OF VIEW OF THE COPYRIGHT

Summary/Abstract: Satire from the point of view of the copyright. Satire is especially known as a literary genre which criticizes, with moralizing purposes, the moral faults of people or some negative aspects of the society. Yet satire cannot be restricted only to literature, although this is the type which the best known creations belong to. More than that, satire transcends literature, being used equally productive in such fields as music, arts, radio shows, cartoons, cinematography or television. Satire can present various similitudes especially with parody, being thus, de lege lata, necessary to dissociate them due to the difference between the two juridical regimes. The musical satire, without representing a very richly illustrated musical type, often takes over different literary themes or motifs. Taking into account the fact that we refer to a kind of borrowing that transgresses the literary field, we believe that the simple musical satire does not become a derivative work and, consequently, the problem of any copyright fraud cannot be raised. If that particular composition is merely a musical arrangement (meaning, for example, a remaking of an already existing composition from the point of view of its instrumental interpretation), or if it is accompanied by a text which is inspired from another one, only then can the issue of the recognition of an ideatic subordination between the two creations be raised, with all the juridical consequences that follow this fact. In our opinion, the cinematographic and television works belong to the same category or follow the same regime (in other words, while the image can stand for an original creation, the script can be a derivative work, in the sense given by the Romanian law). De lege ferenda, when satire includes an inner generative process, it should be considered just like parody, among the exceptions stipulated by the Romanian law and, consequently, it should be entitled to follow the same juridical regime.

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