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Copyright Protection On The Parody

Posted on:2011-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:H L SongFull Text:PDF
GTID:2166360305462421Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Parody, as a special form of literary criticism, is gradually increasing influence on our social life, but also challenges our current copyright law. At the beginning of 2006, the population of the video short film "a Steamed bun Initiation's Murder case" exposes the insufficiency of the legislation on this aspect. Parody and the copyright infringement have always been a more important and difficult issues. Because the parody and its legitimate limits involve many most basic issues such as the copyright protection and restrictions and the balance on rights and interests of the copyrights holders and the users.But unfortunately, China don't form a series of rules to instruct the judicial practice. Therefore the article attempts to do some research in order to provide some guidance to judicial practice.The paper firstly discusses the connotation and extension of parody,characteristics and the compositions to constitute a legitimate parody work in order to Lay the foundation for the following further analysis. Secondly, the article outlines parody's historical development in West and in China in order to declaim that it is necessary to regulate the parody reasonably to promote its better development. And then. the paper,from the perspective of the Constitution the cultural meaning,economics,the legislative purpose of the copyright Law outlines the Legitimacy of protecting the parody, and also discusses the relationship between parody and fair use. Finally the text discusses the perplexity of our legislation on parody and the legislative choice in the future.
Keywords/Search Tags:parody, historical development, legitimacy, fair use, legislation choice
PDF Full Text Request
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