Copycat Behavior Imitation And Parody Its Legal Boundaries

Since the word "shanzhai" made his name as of the date of, People have a mixed opinion of it, today it is no longer a small combination of all kinds of imitation or opportunistic, it has become a culture."Shanzhai" mobile phones,"shanzhai" celebrities,"shanzhai" programs, such as net friend’s joke:"like night of spring breeze comes suddenly,"shanzhai" are popular in China. Copycat phenomenon reflects China’s social transformation period of life from one point of view. Through continuous development, it has infiltrated into every sector of society, all areas of life, arise from nothing, from content to the people, both in speed and size is breathtaking. Booming in lamenting the copycat phenomenon, it has triggered a series of problems which also caused some academic and social debates."shanzhai"’s popular in China is the beginning of the crisis of Chinese innovation, whether or not. Whether it will threat China’s intellectual property rights, the emergence of various problems need us to have a clear definition of copycat behavior, understand it’s legal dilemma and find out the cause of the pirating in litigation.This paper is divided into three parts except introduction and epilogue. The first part analyses the emergence and development of "shanzhai" phenomenon. The second part, the third part are the focus of this article. Because of the "shanzhai" is just a fuzzy dynamic popular vocabulary, it is neither a rigorous legal jargon, nor a accurate professional term, without a precise definition, but "shanzhai" referred to as synonymous with imitation, as a culture of imitation is agreed by many people. As the heart of the "shanzhai" culture,"shanzhai" products played a important role, and the core of the "shanzhai" products is imitation. Any new things have experienced the imitation, innovation and complete stage, the effect that the imitation brings to innovation cannot to be negelected. Network video "a murder case caused by a bread" garage makes the parody works into people’s horizons. Parody works is to figure out the irony of the original work of criticism and a travesty, imitation of the original work is expressed with the different views and attitudes, imitativeness, ironic, originality. In the real life the situation of imitation is quite embarrassing. The presence of imitative often faced accusations of infringement of copyright.