Current Issues Concerning the Emergence, Modification, and Termination of Rights to Parody as an Object of Intellectual Property

Abstract

This article addresses current legal issues related to the emergence, modification, and termination of rights concerning parody as an intellectual property object. It explores the distinction between copyright protection for derivative works and original creations, focusing on parody’s unique characteristics.

The analysis considers how parody, despite being based on existing works, introduces new elements that transform the original content to achieve a comedic effect without infringing upon the original author's moral and property rights. The article discusses international and national legal frameworks, including the WIPO Copyright Treaty and Uzbekistan’s Civil Code, emphasizing the conditions under which parodies are protected by copyright.

It also explores the balance between economic interests, such as profit generation in the commercial use of parodies, and moral considerations, such as the protection of the original author's reputation. The discussion outlines criteria for distinguishing parody from plagiarism, highlighting the legal and ethical responsibilities of parodists. The study concludes that parodies are entitled to copyright protection provided they meet certain legal requirements and respect the rights of original authors.