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Deckmyn v Vandersteen
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 request for a preliminary ruling by the European Court of Justice, requested by the Court of Appeal ((オランダ語:Hof van Beroep)) of Brussels (Belgium). The reference was made in a case of Vlaams Belang politician Johan Deckmyn who had copied a cover of Spike and Suzy ((オランダ語: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.
The reference concerns what conditions must be met for a derivative work to be considered a parody, which may be allowed according to EU law within the Copyright Directive. While the European Court of Justice has not announced its decision, its advocate general has given his (advisory) opinion on 22 May 2014 in which he held that the concept "parody" must be interpreted autonomously within the Union and that parody required a certain form of mocking and originality. In his opinion, much freedom in interpretation is given to the individual countries.
==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. The persons collecting the money had dark-coloured skin and were wearing scarfs.〔 Vlaams Belang politician Deckmyn said he wanted to highlight that in Ghent tax payer's money was mainly channelled to non-Ghent people, negatively impacting on 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.〔
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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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