On The Legal Regulation Of The Copyright Laws Of Parody Works

Parody as a fonn of literary creation in the West have a very long history. In China, because of the influence of traditional ideas, regardless of the original author or public opinion are very tolerant of parody, causing no way copyright awareness development. Because of China’s modern copyright law did not specifically regulate, and parody infringing on copyright law in the field is non-existent. Since January1,1910, when the Qing Dynasty government issued China’s first copyright law in the history of the "Qing copyright law" in the true sense, to September7,1990by the current National People’s Congress People’s Republic of China "Copyright law ", until2001, and in2010two of the current " Copyright Law " modify, China’s copyright laws and norms of parody infringement mention, but in2006a network works " a steamed the massacre " a ripple, v. based on the famous director Chen Kaige," bread Hugo infringement of its film" the Promise " copyright case, scholars began to question in the field of copyright parody be caused concern.The development of the times today, parody closely integrated with the help of digital information technology popular network parody increasingly sought after and highly economic value. It is not only contemporary Chinese society literary criticism played a role to make up, and feedback to the creator of the literary audience of real information to facilitate their understanding of consumer psychology and loving masses of the audience so that they create a more timely adjustments in order to meet the tastes of the audience literature products. However, the basis for the creation of original works of parody is likely to involve infringement of the original copyright holder’s personal and property rights, if those parody of the onginal work on the use of no legitimate reason, it is difficult to escape the fate of the infringement. In China, the law on how the qualitative class parody, and the class which works in the field of copyright law how to get rid of the embarrassing position has not yet been defined. Therefore, to find out a reasonable protection parody mode and to develop clear criteria determining parody infringement imperative.Currently, foreign to parody because of legal regulations in different countries and have taken different measures, but in dealing with the problem often parodies have taken more than the usual copyright infringement tolerant attitude, and tend toward a more liberal direction progressive. Most countries have the right to allow the use of parody of a parody of the original creation, and do not put all of the parody copyrighted works are attributed to the original author’s rights under the interpretation, controlled by the original author. In response to these questions, I will try to the starting point of the current copyright law, efforts to explore the meeting point of parody legitimate and rational use of the system, through a series of expectations for the early settlement of the views and recommendations to protect legitimate parody and limit the problem of malicious infringing modest contribution.Throughout this article I will be divided into four parts, the first chapter by comparing the legal distinction between the basic concepts and understanding for different areas of the field of literary parody rather leads parody, parody leads through the definition of parody-and parody derivative works owned, non-alternative, commentary and a series of features. Then analyze the legitimacy of the existence of parody:first pointed parody in Western countries as well as the development process in our country, pointing out things that parody is the existence of ancient literary creative way and not only recently emerged, indicating the presence of parody has its historical origins; followed by analysis of parody then there exists reasonable legal principles and detailed analysis of its rationality from the principle of freedom of artistic creation and the principle of freedom of speech angles.The second chapter discusses the challenges parody brought to the Copyright Law Analysis of the current status of both the provisions of parody in our copyright law, pointing out China’s current copyright laws for parody and no infringement issues as well as the relevant provisions of the possibility of the existence of parody under the fair use system can be solved, but due to the rational use of the system to " appropriate references " is defined is not clear that parody is difficult to directly apply the embarrassment contradictory, followed the original authors analyzed the conflicts with the rights of parody may exist in terms of property rights and personal rights of copyright and raised new issues that may arise parody with the current highly developed network information environment.The third chapter provides an overview of the U.S., UK and other common law countries and Germany, France and other civil law countries such as copyright laws when dealing with issues parody taken legal regulation, and countries different approach made some comparative analysis. Hope to learn from Western countries accumulated over decades of judicial experience to solve problems in the field parody within the copyright law to provide a good reference.The fourth chapter discusses the Copyright Act for the Improvement of the system of regulation of parody:the first shows the principles parody issue, namely the principle of balance of interests should be properly set up. Section I listed a parody works for copyright laws to be followed by the system mode. Appealed to admit parody of copyright law to protect objects, advocates parody in copyright law because the extension is too broad and should not be listed as a separate copyright law protected form of parody and copyright should be entirely attributed to parody those who can not return to the hands of the original authors, parody who have full autonomy in the creation of parody and not subject to the original author. Initiative should be based on fair use of the copyright system-based approach to parody issue and suggested lawmakers could under the fair use system in our country through the "Copyright Law" Article twenty-two, paragraph two of the "appropriate use " for the administration of justice in order to expand the interpretation of applicable parody better. Section Ⅰ try to put forward a comprehensive parody comply with specific provisions defining standards of fair use, specifically including differences in parody purpose of the use of the original work, parody and original works of parody number of references to the original work market alternative parody work. I hope these suggestions can be achieved through parody reasonable regulatory issues in copyright law in order to protect the legitimate parody, parody under the guise of combating the real purpose for the wrongful acts of infringement.