Research Of The Parody's Right Boundary

The advent of the digital network media era has made the creation of the literary and artistic field more embodies the characteristics of digitalization,mixed editing and so on.With the emergence of short videos from media platforms,parody creation has once again ushered in a boom.This kind of work often imitates one or more previous works to express the author's own point of view,which will inevitably involve the use of other people's works,and this has also caused many copyright disputes about this.China's current copyright law does not provide explicit provisions for parody works,making judges prone to different judgments in the same case when dealing with copyright disputes between parody works and prior works.The judge's discretionary power is lacking in handling such cases.The clear legal basis was unreasonably expanded.This article first defines the definition of parody,and analyzes the features of parody.Immediately after analyzing the two "degrees" of the originality of parody works,it points out that parody works only need to meet the originality requirements.Furthermore,by comparing the differences between parody works and spoof works,adapted works,and remixed works,the differences between parody works and these works are analyzed,and the legal basis for obtaining the rights of parody works in the field of constitution and copyright law is sought.Then,it analyzes the problem of the boundary between the parody work and the prior work,and finds the applicable exemption reasons for parody work and the prior work when dealing with the problem of the rights boundary.It is the basis for dividing the boundary between the parody work and the prior work in the current copyright law.Finally,combining with the current status of the current law on parody creation in China,the author draws on the experience of the representative countries of the copyright law system and the author's rights law system to propose specific suggestions for improving the borders of parody works in China.Taking the improvement of the reasonable use in the current copyright law as the key to solving the problem of parody of the rights of parody works,corresponding suggestions are given at the system design level and the judicial level.The perfect and reasonable use not only plays a key role in the study of the rights boundary of parody works,but also helps to prosper the market in the field of literary and artistic creation,at the same time,the interests of the copyright owners of the previous works and the interests of parody creators and social public culture A balance between the three interests can be achieved,and the purpose of the copyright law can be better played.