États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

Additional Follow-Up to Question 10: We would like to confirm our understanding of the application of the three-step test to exceptions for parody and caricatures. The Russian Federation's response noted that courts are generally guided by the three-step test when considering parodies and caricatures. Please confirm our understating that in Russian law, parodies and caricatures are generally considered to comprise exceptions to copyright law, but that courts must apply the three step test when considering whether the parody or caricature exception is applicable in any particular case. Also, please confirm our understanding of the Russian case referenced in the Government's response. It appears that the court decided that the defendant's use of the musical work was an infringement because the musical work was not a subject of parody even though the music video itself was a parody.

We confirm your understanding of three-step test applied to exceptions for parodies and caricatures. In relation to the case on the claim of "Pervoe muzykalnoe izdatelstvo" (English: "First music publishing company"), LLC to "MTF Production", LLC the court concluded that the subject of parody was certain elements (dances) of music band performance, recorded by technical means. It was dancing at the center of stage number. Musical works (with text) accompanying the parody performance are not the subject of parody and thus their use resulted in a violation of the copyrights of right holders.