On The Legitimacy Of Bringing Parody Into Fair Use

In 2006,Ge Hu produced a video A Blood Case Caused by a Steamed Bun to satirize Kaige Chen's film The Promised Land,which caused disputes between the two sides.Since then,the discussion of parody is increasing in the legal community of China.Parody is the unity of imitation and drama,and its essential attribute is ironic or critical imitation,which constitutes a "transformation" relative to the original work.Although most legal scholars advocated the inclusion of parody in the fair use system of copyright law,it was still not explicitly included in the scope of fair use in the submitted draft of the third revision of the copyright law in June 2014.Since parody is not only a literary expression,but also a cultural phenomenon;it involves not only discourse theory and literary criticism,but also the cultural development of society and the balance of interests of all parties.Therefore it is necessary to study it interdisciplinary to clarify the relationship between law and parody.From three perspectives of literature,sociology and law,this paper comprehensively demonstrates the legitimacy of bringing parody into fair use.From the perspective of literature,parody plays a positive role in deconstructing the traditional authorship system.In literary theory of post-modernism,the author is a reader at the same time.The main body that interprets the content of a text is no longer writer-centered,but reader-centered.Traditional authorship needs to be reconstructed,instead of only emphasizing the relationship between a work and its author.Parody is an important means for readers to deconstruct the text and has positive significance for promoting the establishment of a new system of authorship.From the perspective of sociology,it points out the significance of parody in the process of constructing social culture,balancing social interests and spreading knowledge.Kuso belongs to the broad sense of parody,which is a weapon of the subculture against the mainstream culture.Parody is conducive to the communication and connection between the exclusive domain and the public domain,the diversification of social interests,the promotion of knowledge dissemination,and the containment of knowledge hegemony.From the perspective of law,parody is in line with the central idea of Locke and Hegel's philosophy of law,which is conducive to improving social welfare and promoting the positive sharing of knowledge.Bringing parody into fair use is an important way to promote pluralism of expression,ideological emancipation and public education,as well as an important way to realize the constitutional spirit of freedom of expression.The right to cultural is mainly embodied in the right to cultural participation.The premise of participation is to obtain it,and parody is an important way to participate in culture.Parody is a kind of creative imitation,which belongs to the transformative use.Parody can promote market competition and prevent abuse of rights.To sum up,by the multi-dimensional analysis of literature,sociology and law,it can be concluded that parody is justified as a fair use of other people's works.