Legal Issues Of Copyright Law, As The Play Field Simulation Work

With the rapid development of network digital technology and the rise of the democratic consciousness of the We-media in China, In-depth analysis of the elite culture from the popular view becoming the outstanding performance of this era. Parody came into the field of law from the field of literature under such background. the starting point is a short funny web video named as Murder by Steam Bread at the beginning of2006, all materials of the video fetches unstated from the film The Promise whose copyright and related rights protected by the copyright law. This event led to discussion about Parody. Parody causes a few of macro and micro issues such as freedom of expression, cultural development, social progress, interest balance between the owner and the users of materials. Unfortunately, the current theoretical circle of our country is not comprehensive, there is no in-depth discussion about this issue, also no legal system existing and supporting it. This paper attempts to give the analysis about parody and other law-related issues, and to explore a set of possible options for the effective protection and restriction for parody.Hermeneutic method, comparative study, historical research and examples are included in different parts of the paper, combining theory with practice, and comparisons between domestic legislation and international legislation. The paper, first of all, sets the basic conception for parody from the etymology angle based on the historical origin, tells the difference from the spoof videos, and analyzes the main features and constituent elements. After that the paper confirms its property right, and gives the reasonable interpretation from legitimacy and illegal possibility views. By comparing legal regulation of foreign representative model and judicial practice, the paper provides a useful reference for parody in china legal system, examining the basic concept and development trend of International copyright treaty which reflects the international common practice. At the end of the paper, the paper is discussed the status quo of legislation on the parody works based on the copyright law in our country, the existing problems and deficiencies, and putting forward countermeasures and suggestions which could perfecting legal system of our country’s about parody works.