Parody, Satire, Caricature and Pastiche: Fair Dealing is No Laughing Matter in Hong Kong

Date: September 19, 2016 (Monday)

Time: 12:30pm – 1:30pm

Venue: Room 723, 7/F, Cheng Yu Tung Tower, HKU

Speaker: Dr. David Tan, Faculty of Law, National University of Singapore

 

Abstract

Exceptions and limitations in copyright law should be guided by a desire to seek an appropriate balance between the competing interests of authors, rights owners, consumers, entrepreneurs and future creators. This seminar discusses the development of fair dealing and fair use laws that cover parody, satire, caricature and pastiche (PSCP) in the United States, United Kingdom, Singapore, Australia and Hong Kong over the last decade, and critically analyses the attempts at converging toward a general fair use standard. It advances the argument that the proposed PSCP fair dealing provision is highly protective of freedom of speech, and suggests how PSCP might be protected in Hong Kong in the light of the impediments against its enactment into law.

 

About the speaker

Associate Professor David Tan is Vice Dean (Academic Affairs) at the Faculty of Law, National University of Singapore, and oversees the academic curriculum for both undergraduate and master degree programs. He is the first at NUS Law to be appointed to the Dean’s Chair. He holds PhD, LLB (First Class Hons) and BCom degrees from the University of Melbourne and a LLM from Harvard.

David pioneered the courses Entertainment Law and Freedom of Speech at NUS Law. He has held a visiting appointments at HKU and Melbourne Law School. His areas of research cover personality rights, copyright, trademarks, freedom of speech and tort law. His law publications have appeared in a wide range of journals that include Harvard Journal of Sports & Entertainment Law, Yale Journal of International Law, Virginia Sports & Entertainment Law Journal, WIPO Journal, Sydney Law Review, Law Quarterly Review, Singapore Journal of Legal Studies, Media & Arts Law Review and Torts Law Journal. His forthcoming book on celebrity personality rights titled “The Commercial Appropriation of Fame” will be published by Cambridge University Press in 2017.

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