Parody Of Copyright Protection Research

Throughout Chinese history, parodies have since ancient times, but because theChinese traditional concept of right extreme dilution, leading to parody works is stillnot included in our country’s copyright law to protect objects.With the development ofnetwork and the progress of science and technology, modern parody works more andmore appear before people, the resulting parody tort phenomenon is emerge in anendless stream.In2006,"a murder caused by a steamed bread" this video appearanceof concern, which involves the system of fair use is a violation of the movie"non-polar" copyright issues become the focus of the law.This article attempts in theexisting legal framework, in parody nature of work were analyzed, and thecombination of domestic and foreign judicial practice, strive for parody works lookingfor space.The article with "steamed bun" case, the first chapter of the parody overview,introduces the definition, characteristics and classification of parody.From theliterature and the legal category of parody definition, to parody is unique as thestarting point introduced the parody features, and the combination of differentclassification criteria for classification of parody.The parody nature and thecharacteristic analysis for parody whether tort problem laid theoretical foundation.The second chapter discusses the legitimacy of parody.From parody are thesocial and theoretical basis of two aspects discusses, from different perspective toprovide the basis for the legitimacy of parody.This chapter first discusses westernParody in the background and the development status in China, and then analyses theexisting social legitimacy of parody.The second part from the legal point of view, as aparody of legitimacy provides theoretical basis.The third chapter introduces the present condition of the protection for parodyworks abroad and foreign parody protection status with the evaluation.This chapterfrom the Anglo-American law system and continental law system from two aspects tointroduce.And in the last chapter of the United States, Britain through to therepresentative of system of Anglo-American law and in Germany, France, Switzerlandas the representative of the continental law system for comparative analysis of theforeign parody works protection present situation and Its Inspiration to china. The fourth chapter discusses our country to parody works protection situationand countermeasures.The first part of this chapter describes our parody works toprotect the current situation, put forward three defects, and in the second half of thechapter on the three point defects and puts forward the corresponding solutions, andfrom the United States copyright law about the rational use of the four criteria forparody particularity, proposed in view of the rational use of parody work conditions,and then to solve the parody works is a violation of the original copyright problems.