On The Regulation Of The Copyright Law Of Movie And Television Parody Behavior

With the development of Internet and modern information technology,a large number of film and television copyright works have sprung up like bamboo shoots after a spring rain.What follows is that the conflict of rights between the original copyright owner and the film and television parody actor can not be effectively solved.At present,there is still much controversy in the academic and judicial circles about the legitimacy of film and television parody.To a large extent,the reason is that there is a blank in the provisions of the copyright law of our country on the act of parody.As a new thing appearing under the trend of the new era,the film and television harmonious imitation works must have its value and significance of existence.Therefore,we should take reasonable and effective measures to regulate the copyright law in this special way of creation,so that it can go on the track of the legal system,instead of drifting away from the edge of copyright law infringement and protection.This paper is divided into four parts:The first part gives an overview of film and television parody.Starting from the origin of the act of parody,the author defines the concept of the act of parody in film and television.The word "harmonious imitation" originated from ancient Greece and appeared in the literary circles of the Spring and Autumn Period and the Warring States Period.Harmonious imitation of film and television refers to a creative act in which the imitator,on the basis of borrowing the contents of other people's publicly published films and TV works,reproduces these films and TV works,and creates new films and TV works with the significance of satirical criticism by means of humor,exaggeration and satire.This part distinguishes for-profit and non-profit of film and television imitation,which paves the way for the following countermeasures and suggestions.The second part analyses the copyright disputes caused by film and television parody.Opponents believe that recognition of the legitimacy of film and television parody will harm the vested interests of the original copyright owners;supporters believe that encouraging legal film and television parody will help to promote the development and prosperity of our cultural and artistic undertakings.The author believes that the film and television parody should be given legal status.Meanwhile,in order to avoid the various problems that the opponents worry about,China should clearly stipulate the conditions for the legality of film and television parody in the copyright law as soon as possible,and improve the content of copyright law regulation of film and television parody.The third part elaborates the current situation of the copyright laws at home and abroad to regulate film and television parody.In foreign countries,the United Kingdom and the United States have incorporated the act of parody into the system of rational use for regulation.France directly stipulates the act of Parody in the Intellectual Property Code.Germany adopts the system of free use to regulate the act of parody.At home,this paper mainly analyses two major problems in the copyright law regulation of film and television copyright Parody in China.One is the inadequate regulation of film and television copyright parody,the other is that it is difficult to invoke the current copyright fair use system.The fourth part puts forward some suggestions on perfecting copyright law to regulate film and television parody.There are three points to improve the suggestions: first,clearly define the conditions for the legitimacy of film and television parody.The author holds that the legitimate act of film and television parody must satisfy four conditions,one is that the purpose of the act is ironic and critical,the other is that the mode of action is reasonable,the third is that the works of film and television parody are obviously different from those of previous movies and TV works,and the fourth is that the works of film and television parody do not constitute a market substitution for those of previous movies and TV works.Secondly,distinguish whether the purpose of film and television parody is profitable,and regulate non-profit film and television parody with reasonable use system,and regulate for-profit film and television parody with statutory licensing system.Thirdly,the knowledge sharing model is introduced to deal with the problem of film and television imitation.It is based on the subjective will of the copyright owner of the original work and it can deal with the conflict of rights between the parody copyright owner and the original copyright owner.So it is conducive to the dissemination of works and cultural prosperity,the integration of existing resources,and the avoidance of inefficiency and waste.