The Research On The Parody Fair Use Of Copyright

With the cutting technology, network communication technology promoting, the parody becomes popular. The object and patterns of the parody diversified, now the parody has become a new popular culture. When part of the parody copied the copyright works on the basis of irony and humor, it relates to whether the parody infringes the imitated works. This showed the problem of how to balance the interests among the imitator of the parody, the owner of the copyright imitated and the public, and also involves contradictory relationship between the protection of rights and civil expression freedom rights. The fair use doctrine of copyright law can effectively balance the relationship between different stakeholders in the occasion of popular parody, so application of fair use for parody is positive. The paper introduces the general definition and characteristics of parody works and fair use doctrine as a starting point, then briefly summarizes law jurisdictions of parody fair use in key countries, and according to our system of copyright law on fair use, explored the main difficulties for application of parody fair use. After that, from a legal value perspective, the paper explored the value significance and necessity of fair use doctrine for parody .Finally, the paper proposed should amend the copyright law to establish the fair use provisions for parody including specific criteria for fair use. Specifically, the article includes five parts:The first chapter is the introduction,which introduced the background of the problem and significance and purpose of the topics and the approach adopted , Also summarized the main research framework and research difficult problems.The second chapter is the basic theory of parody and fair use, including the concept, characteristics and forms of the parody, then introduced the content and conditions of f the fair use.The third chapter is the carding of the overseas legislation and the practice of the fair use of parody, which introduced the legal provisions and judicial practice of fair use application of parody from France, Germany, Canada, the United States and other countries on t parody and the enlightenment for China.The chapter four explored the status of the fair use in China and the legal dilemma of fair use of the parody. Then, the necessary for the establishment of fair use was analyzed by the perspective of law and economics.The chapter five provided some specific legislative and judicial recommendations about the application of the fair use of the parody in China.