Legal Basis for Transformative Use, Parody and Pastiche

Effective date: 22 January 2026

  1. Overview and Scope

This document (the “Framework”) describes the principles and legal position applied to the development and offering of graphic works made available on bazootoon.com  (the “Site”).

By accessing the Site or placing an order, you agree to these Terms, our Privacy Policy, Refund & Returns Policy, Site & Artwork License Terms, IP Policy (Copyright, Trademarks & Takedown), and Legal Framework: Transformative Use, Parody, and Pastiche and other related documents referenced herein (together, the “Legal Documents”).

Operator. The Site is operated by LADY PA LTD, company number 12780152 (the “Company”, “we”, “us”, “our”). Registered address: Dept 6496a 126 East Ferry Road, Canary Wharf, London, United Kingdom, E14 9FP.

Business model. The Company provides licensed digital graphic works and enables users to place print-on-demand orders for physical products incorporating such works. Physical products are produced, fulfilled, and delivered by independent third-party fulfilment providers acting in their own name and on their own responsibility.

Graphic works. All graphic works made available on the Site are original creations by independent authors and are offered under applicable licence terms. Certain works may constitute humour, satire, parody, or pastiche and are created in accordance with the Company’s Legal Framework: Transformative Use, Parody, and Pastiche.

  1. Standards Applied to Listings

2.1 Site-wide principles

For all listings, the Company’s approach is to:

  • ensure depictions are original, stylized, and modified so that each work is new artwork;
  • avoid copying, tracing, or recreating third-party protected materials, including modern adaptation assets and official brand materials;
  • present listings in a way that does not imply official sponsorship, endorsement, or affiliation (unless explicitly stated);
  • reduce the likelihood of consumer confusion as to source, sponsorship, or affiliation.

2.2 Meaning of “transformative use” in this context (EU/UK)

Where the Company refers to transformative use, it means the creation of new, stylized artwork that engages with cultural themes under the legal exceptions for parody, pastiche, or caricature. These exceptions are jurisdiction-dependent and applied in accordance with the fair dealing requirements of England & Wales and the European Union.

  1. Statutory Foundations (UK and EU)

The Company’s position on the creation and distribution of transformative works relies on statutory exceptions intended to balance the interests of rights holders with freedom of expression.

3.1 United Kingdom: Section 30A CDPA 1988

Under the laws of England and Wales, Section 30A of the Copyright, Designs and Patents Act 1988 provides:
“(1) Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.”

3.2 European Union: Article 5(3)(k) InfoSoc Directive

Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society provides that Member States may provide for exceptions or limitations to the reproduction and communication rights in the following cases:
“(k) use for the purpose of caricature, parody or pastiche;”

  1. Interpretation by Courts and Working Definitions

The scope and meaning of these exceptions are assessed using their ordinary meaning in everyday language and the binding jurisprudence of the court.

4.1 Parody

The Court of Justice of the European Union (CJEU) in Johan Deckmyn and Vrijheidsfonds VZW v Helena Vandersteen and Others (Case C-201/13) established the essential characteristics:
“the essential characteristics of parody are, first, to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery.”

The Court further clarified that this concept is not subject to restrictive conditions:
“The concept of ‘parody’, within the meaning of that provision, is not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; that it should relate to the original work itself or mention the source of the parodied work.”

4.2 Pastiche and transformative creation

Pastiche involves the imitation of the style of a work or an author or the utilization and assemblage of pre-existing works in new work. In Pelham GmbH v Ralf Hütter (Case C-476/17), the CJEU emphasized the protection of artistic creation:
“the technique of ‘sampling’, which consists in a user taking a sample from a phonogram […] and using the sample for the purposes of creating a new work, constitutes a form of artistic expression which is covered by freedom of the arts”

Furthermore, the Court held that:
“to regard a sample taken from a phonogram and used in a new work in a modified form unrecognisable to the ear for the purposes of a distinct artistic creation, as constituting ‘reproduction’ of that phonogram within the meaning of Article 2(c) of Directive 2001/29 would not only run counter to the usual meaning of that word in everyday language […] but would also fail to meet the requirement of a fair balance”

  1. Working Practices with Image Authors

The Company applies strict requirements to designers and authors contributing to the collection to ensure that each listing constitutes a new and independent artistic work.

Original Artistic Creation: Authors must create original, stylized, and modified depictions as new artwork rather than mere reproductions.

Clean-Room Approach: Designs are developed using a “clean-room” approach, ensuring they are not copied from modern adaptations, film/TV frames, or official brand assets.

Prohibition of Direct Copying: We strictly avoid copying, tracing, or recreating third-party protected materials.

Independent Style: Authors are encouraged to bestow sufficient mental labour to produce an original result that reflects their own personality and creative choices.

  1. Compliance Controls and the Three-Step Test

To support compliance with the international “Three-Step Test” and the principle of “Fair Dealing,” the Company applies a multi-layered review process.

6.1 Definition of the Three-Step Test

As held by the Intellectual Property Enterprise Court in Shazam Productions Ltd v Only Fools The Dining Experience Ltd [2022] EWHC 1379 (IPEC), the test consists of the following:

Step 1: The exception must be confined to “certain special cases”.

Step 2: The application of the exception must not “conflict with a normal exploitation of the work or other subject-matter”.

Step 3: The application must not “unreasonably prejudice the legitimate interests of the rightholder”.

6.2 Application within operations

The Company applies these principles in a manner intended to preserve a “fair balance”:

Preserving Fair Balance: We adhere to judicial guidance that “the exception can apply unless those interests are unreasonably prejudiced. This requires consideration of proportionality, and a balance to be struck between the copyright owners’ legitimate interests and the countervailing interests served by the exception”.

Avoiding Market Substitution: We monitor our designs to ensure they do not “commercially compete with the proprietor’s exploitation of the copyright work” or act as a “substitute for the probable purchase of authorised copies”.

Measures to Reduce Consumer Confusion: We implement neutral, descriptive naming conventions, display “no affiliation” language, and avoid brand-coded typography or packaging.

6.3 Ongoing quality oversight

Each theme and character section is reviewed on a case-by-case basis to confirm alignment with judicial requirements for “noticeable difference” and transformative intent. The Company may update its listings and policies to reflect practical experience and rights-holder concerns.

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