The Analysis Of Fair Use For Parody Works From The Debate Of Promise And Bread

In order to protect our intellectual production, we created out our intellectual property rights,,which "added the interest wood to the genius'creative blaze ". Chinese Copyright Law aimed to balance the interest between the author and the user, it not only enumerated every kinds of copyrights of the authors, but also regulated their restrictions, such as the "fair use" system. But the advent of network era brought new challenge to our traditional Copyright Law, how to deal with the internet parody works in the perspective of Copyright Law is a new problem.The film promise directed by the famous director ChenKaige was shown in 2006, after that, HuGe, one of the audience, edited and rearranged out a net parody video the murder case caused by a piece of bread,(we call it "bread" for short in the later development)which expressed his irony to the film promise.It arose a widespread legal debate:some insist it pirated the copyrights of promise while some considered it was "fair use" of promise.Elaborated discussion was given in the paper about the nature of bread, pointed out it was a piece of parody woks whose purpose was satire and comment. It didn't pirate the copyrights of promise and its extraction from promise was "fair use".This paper is mainly about four parts:Part one gave the detailed introduction to the debate of promise and bread and led to the focus of the debate:whether bread pirated the copyrights of promise. Part two discussed the nature of bread, pointed out it was a piece of parody works. It didn't pirate the copyrights of promise. Part three gave a elaborated analysis to "fair use" system and the actual regulation in Chinese Copyright Law. The last part of this paper offered some feasible suggestions to perfect our legislation.This paper focused on whether bread pirated the copyrights of promise and pointed out the former was the "fair use" of the later, also gave out some feasible suggestions to perfect our legislation.