This Legal Framework (“Framework”) sets out the principles and legal position governing the creation and offering of graphic works made available on https://pdwow.com/ (the “Site”).
By using 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 MASTERBEE LTD, company number 14715836 (“Company”, “we”, “us”, “our”).
Business model. The Company offers licensed digital graphic works and provides users with the technical ability 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.
Across all listings, PDwow aims to:
Where PDwow references transformative use, it refers to 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.
Our right to create and distribute transformative works is grounded in specific statutory exceptions designed to balance the interests of rights holders with the freedom of expression.
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.”
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;”
The definitions of these exceptions are determined by their usual meaning in everyday language and through the binding jurisprudence of the court.
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.”
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”
PDwow maintains strict standards for all designers and authors contributing to our collection to ensure every listing constitutes a new and independent artistic work.
To ensure compliance with the international “Three-Step Test” and the principle of “Fair Dealing,” PDwow implements a multi-layered review process.
As analyzed in Shazam Productions Ltd v Only Fools The Dining Experience Ltd, the test consists of the following:
PDwow ensures that the application of these exceptions preserves a “fair balance”:
Each theme and character section is subject to a case-by-case review to ensure it aligns with judicial requirements for “noticeable difference” and transformative intent. PDwow may update its listings and policies to reflect practical experience and rights-holder concerns.
