Protection And Restriction On Parody Works

From2006"a steamed buns murder" case to today’s popular "Smurfs style",parody works become academic research hot spots. Parody is essentially a kind ofcreation, but because it bases on original works, with irony and criticism, parodyworks is prone to conflict in the copyright in the original work. Protecting parodyworks has its theoretical foundation, but the law should respect prior rights, and theprotection of freedom of speech, encouraging creation. Therefore, not only to protectparody works, but also restrictions is important. Our current law does not expressly toparody, there is no standard unified in judicial practice. Western countries with legalresearch and judicial practice for a long time, has formed a set of mature processingmode. This paper tries to combine the western countries experience in judicialpractice, put forward the legal suggestions on the protection and restriction of perfectparody works. The first part of this article tries to clarify the definition of parodyworks; the second part mainly expounds the theoretical foundation of parody ofprotection and restriction; the third part of comparative analysis, and get on China’ssystem of our country; the fourth part points out the problems on the issue, and comesup with suggestions based on the foregoing analysis.