Study On How To Formulate The Parody Phenomenon In Our Country By The Copyright Law

The parody works has been researched and disputed as a controversial works class byscholars since from2005. With a special content of funny and imitativeness, it has causedmany drastic arguments on whether it is a tort. In2010, the USA passed a law calledParody Act of2010specially referring to the woks, its means there are clear criterionswhen judging these kinds of works in the USA, and shows the necessity of deeplyresearch into them in other countries as well. In our own country, with the strengthenmentof people’s entertainment consciousness, reactionary recomposes and make-laughingvideoes can be seen everywhere, so as comical imitates of celebritys. Whether these actsof transforming and copying belong to the “parody” in our Copy Right Law, How the“parody” in the Copy Right Law can be defined and the parody phenomenon should beformulated in which way are thus realistic problems to us.Through introductions of relative theories of concept, I get the conclusion thatconcept should be developed itself; after analyse the current concept of parody, thenecessity of recommending it is got, the parody woks are not only the ones that rearrangeformulates or contest of famous articles to show the week points of themselves, but alsocontain those to reflect writers’ insights into social phenomenon or other new meditates bycreative and funny using. Since the concept of parody works has been enlarged, thecopyright law gets a solid base for the phenomenon. My paper draws several of theories offoundation for weighing validity at home and abroad, and sees that the fair use system isvery important in the matter, then gives an analysis for the basis for our system and itsdisadvantage for judging the kind of works, further tries to put forward some suggestionsfor the copyright law.This article adopts different research ways such as literature analysis、analogy analysisand case study. From case to theory, from judicature to legislate, the complex parodyphenomenon is divided into two parts in the end: parody works and other parodyphenomenon. The copyright law provisions can be improved for the former, while otherscan be measured according to the types of rights they infringe.