A Research On Legitimacy Of Parody Works

In 2006, the parody A Murder Case Caused by a Steamed Bread triggers the debate about the parody works. The debate not only makes the parody problem rise to surface, but also makes this topic to be a hot one in academia. Many scholars give their own viewpoints and propose some constructive suggestions. However, the present study is still lack of systematic and lack of feasibility planning which is suitable for our country. In fact, in the western countries, a set of mature processing mode has been formed. The foreign countries'successful experiences provide guidance for us. In this paper, the judicial practices about the parody problems in US, Germany, and France are elaborated systematically, with the hope that they can provide some guides for the Chinese judicial practices.The whole thesis is divided into three parts. In the first chapter, the connotation and extension of parody works are elaborated, some parody works from both home and abroad are introduced, and the features and classifications of the parody works are explored. In the second chapter, the definition of parody works and legitimacy foundation are analyzed and then to conduct a systematic research to the judicial practices of parody in USA, Germany, and France. The third chapter is the core of this paper, in this chapter, the specific schemes for dealing with the parody problems are proposed, that is, by enlarging the explanations and citing some related terms, parody problems are brought into legal scope. Based on this, two principles are proposed for judging whether the parody works are legal or not—the principle of equilibrium of interest and differential principle, and then four specific judging criteria are proposed for the judicial practices. In the last part, measures for cognizing the fact of a case in parody problems are proposed.