The Parody Of Literary Property Law

Parody in copyright law is a composite concept, which embodies two parts as parodic act and parody. The former is a kind of creation behavior based on composite conduct modes of the imitation and subversion, and the latter is a kind of new work which aims at subverting and criticizing some original work, namely well-known works or other public resources, which are imitated by the new work as its essential components. The new work has the characteristic of high creativity, and the extent of the imitation and subversion depends on the necessity of the criticism to the originals by the new work. Parody in copyright law studies of the parody literary only from the aspect of copyright law and is the legal sublimation of the parody literary. The essential prerequisites of parody include pro forma condition and virtual condition. The latter is referred to high originality and irony to the original, as is the key reason of parody's according with the theory of balancing of interests in the intellectual property rights, which ensure parody existing in the copyright law. As the representative, although the legislative designs about parody in the copyright law of France,Germany,America and British have its distinct identity each, they all ensure parody in the copyright law bearing the essential prerequisites in order to make it accord with the theory of balancing of interests in the intellectual property rights. It is necessary and possible for our country to use the abroad legislation and justice experiences to enact our own copyright law regulation mode about parody according with the actual situation, which is helpful to reasonably regulate the flood of "spoofing culture" in contemporary Chinese society. Parody in copyright law is different from unprincipled spoof, because the former can embody such essential objective of copyright law as impartiality and balance, and the latter still awaits timely discrimination and regulation by the copyright law. The spoof that according with the essential qualification of parody deserves to be reserved and encouraged.