Stylization and copyright
Stylization is one of the most complex phenomena in the world of copyright.
This is due to the fact that stylization often remains beyond the attention of the legislator (in contrast, for example, from a parody). As a result, the judges are given the most difficult task, that is, to distinguish, in each specific case, the stylization from the satirical or at least critical interpretation of the original.
In foreign jurisprudence, some attempts are being made to identify criteria for attributing a work to stylization.
In particular, the following features of stylization were identified in one of the recent cases:
· autonomy: stylization is to be considered as a phenomenon other than parody, endowed with its own meaning, and not aimed at criticizing or ridiculing the original;
· formal character: stylization is an imitation of the style or “aesthetic language” of the original, integrated into another artistic context;
· stylization should not unreasonably harm the interests of the copyright owner;
· stylization should use only that part of the original that corresponds to the purpose of imitation and only to the extent necessary to imitate the style.
It is advisable for the representatives of creative professions engaged in stylizations to take into account the risks related to possible judicial litigation.