Parody exception again denied in Belgium

The Antwerp Court of Appeal confirms the tendency in Belgianjurisprudence to be very cautious in its application of theparody exception to copyright infringement. The alleged ‘Miffy’parody on the cover of the magazine Deng is, according to thecourt, too slavish a copy of the original, and thus in itselfinsufficiently original. Moreover the moral rights of artistDick Bruna were infringed. A freedom of expression appeal wasalso rejected, this fundamental right being already encapsulatedin the existing exceptions to copyright.