It never ceases me to amaze me there are countries that try to go after those downloading since it’s much harder to determine if it was done within fair use boundaries.

[–] yetAnotherUser@discuss.tchncs.de 11 points 3 weeks ago (8 children)

Fair use is a US-only concept. Western EU countries tend to have much stricter copyright laws.

[–] misk@piefed.social 4 points 3 weeks ago* (last edited 3 weeks ago) (7 children)

It might be called something different but without fair use principles you wouldn’t be able to quote, review or parody a movie. This intent isn’t known by the persecutors ahead of time, hence what they’re doing is rather overzealous (an euphemism for police working for corpos).

[–] yetAnotherUser@discuss.tchncs.de 5 points 3 weeks ago

Quoting, parodies etc. is explicitly regulated and very tightly regulated. I can only speak for Germany here, other EU countries have different laws but I know they tend to be on the strict side as well.

For example, parodies must explicitly comment on the original work to be permitted. Modifying the lyrics in a funny way alone is not enough to be a parody.

Same with quotes: They are only permitted if they serve a scientific, informative or analytical purpose. Quotes for illustration purposes or entertainment are explicitly not permitted.

In 2021, "pastiches" were legalized which allows for some entertainment use of derivative copyrighted works but there is no legal precedent yet that defines their scope.

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