Copyright Law Protection Of Parody

In 2006, the copyright problem aroused by"the murder that one steamed bread initiates" is one of the concerning topic in the scope of law science, the author think the use of "steamed bread" from"Wu Ji"contains one kind of peculiar literary and artistic creation form——parody. Although as a legal term, parody has not received enough attention in China, but as one kind of artistic form, it already massively existed in life. The form of parody is many and varied, but "Steamed bread" is a new kind manifestation in the network environment. The author think, copyright law of china should perfect the fair use of copyright, bring parody into the line within the extent of protection of copyright law. This thesis contains three chapters to carry on the discussion of this question.Chapter one Concept and Features of ParodyThe word"parody"stems from the West, it refers to the ridicule imitation of the original work and it is one common artistic technique and style in the history of literary and arts. Its basic concept is: One kind of uncoordinated imitation, that is imitates some serious literary work either the content or the style, and through the uncoordination of its form and style with its absurd theme and subject, it can make one kind of theatrical effect. Parody is one kind of complex work form, its performance can be, such as writing, picture and sound or its bindings. Generally it should have this four characteristic: First, conforms to the constitutive requirements of parody; Second, there is originality in the imitation; Third, the imitation not only take causes to the new work attention of the public as the goal; Fourth, the object of satire and criticism is the original work itself.Chapter Two the Necessity of Copyright Law Protect of ParodyThis part mainly divides three levels to carry on the elaboration. First, the characteristic of parody its own request the protection of copyright law. The nature of parody, a new kind of work, is complex, this is also the reason why it frequently relates with the infringement dispute. Parody has the characteristic of adapted works and comment works concurrently, but not exactly not same with this two. This request copyright law make different stipulations for parody from adapted works and comment works. Second, the legislation objective of copyright law request to give parody the protection of copyright law. Although many countries'copyright law has conferred to the copyright owner a series of exclusive rights in order to safeguard they can obtain the economical reward through the control of specific behavior, but the legislation objective of copyright law is to encourages creation, impetus the dissemination of knowledge and prosperity the literary, not purely rewards the author. In order to encourage people to create outstanding work unceasingly, we must meet the need of digitization technological development and encourage new creation form. the production. Any creation, can not help drawing on the achievement people already have. Regarding the creative form that conforms with the society need, the copyright law should use the fair use system or compulsory license to limit the copyright of published work. Third, constitution request to give parody the protection of copyright law. Parody is one way people express their thought, also is one way to carry on artistic creation. It is the manifestation of freedom of expression in constitution and make positive sense to prospering literary arts commentary and rich people's culture life, so it should receive the protection of constitution and the copyright law. Certainly, any freedom is not infinite, also the of free expression, can not encroach upon the legal rights of country and the other person.Chapter Three Assumption of the Copyright Law Protection of ParodyFrom the analysis of the former two parts which include the concept, characteristic and protection necessary of parody, we have a further understanding of parody and believe that we should put it in the scope of copyright law in China. But now in the domain of our copyright law, both the conception of parody and the legislation stipulations connected cannot find. The author had made a brief introduction of connected stipulations and cases in Switzerland, France and US. From manner to parody in different countries, we found no matter make a clear restriction on right of copyright owner or establish legality principles through cases, they all take a tolerant manner of parody, in the basic of of the principle that protect the freedom of speech and promotion culture development. Especially the four recognized standard of fair use and transformation use principle in US have a profound influence to many other countries and a important model significance. According to the present copyright law of our country, parody is one kind of right infringement work. If we want to make it in the protection scope of the copyright law, we should make the revision to the fair use principle of our country. In the concrete procedure, suggest that make a perpection to the second section of 22nd of copyright law. the suggested revision is:"In order to comment some work or explain some question, quote other people's work that already published suitably; but for parody other people's work, the standard can be suitably relaxed. Parody refers to a independent work made by imitating the original work and the purpose is to express a opposite proposition to the original work."The operation of"the standard can be suitably relaxed"can mainly adopt the individual cases review mechanism. It has advantageous to invites the expert of correlation discipline in court who can assists the judge to work out a reasonable determination of the case.The appearance of the"Steamed bread"make a great sense to examines the copyright law carefully again for us, the traditional idea in copyright system should be revise in a certain degree in order to adapt the request of the network time. In the copyright law. value goal, we should realize the basic idea of highly effective, diverse and free diligently. Not only emphasize full protections to the author's right and interest in order to impel the creation and dissemination of more works, but also simultaneously take effective measures and moderate limit mechanism in order to protect the social public can obtain each kind of information in network transmission more freely.