Font Size: a A A

Analysis On Interpretive Theories Of The Judgement Of Appropriate Quotation In Works Parodying

Posted on:2021-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z R GuFull Text:PDF
GTID:2416330605975091Subject:Law
Abstract/Summary:PDF Full Text Request
Parody is a theoretical terminology of Western literary criticism extradited from the field of literature,and it is one kind of writing techniques of western narrative literature.Parody is imitated on the basis of a certain pre-text,and the content of the pre-text is changed to only retain its form.Meanwhile,parody is often ridiculous,and is characterized by sharp playfulness,subversion and criticism.Creative freedom is not absolute,and a certain bottom line should be adhered to.There is no content directly related to parody in the existing legal provisions,and the relevant infringement determination rules for parody need further analysis and discussion.Whether parody can be regulated by the appropriate quotation system and how parody can be regulated by the appropriate quotation system are all issues worthy of in-depth discussion.This paper takes the Gu Amo case as an entry point to raise questions,and focuses on analysis on interpretive theories of the judgement of appropriate quotation in works parodying.It examines the legislation and judicial practice of foreign countries and analyzes domestic doctrine views on parody infringement determination,also demonstrates the feasibility of applying the appropriate quotation clauses to parody,and finally explains and applies parody based on the appropriate quotation clauses.The full text is divided into four parts.The first part focuses on the questioning,briefly introduces the Gu Amo case,and draws out the problems in the parody infringement judgment,and determines the research content and object.The second part examines extraterritorial judicial practice and domestic doctrine research,analyzes different attitudes towards parody in France,Germany,the United States and the United Kingdom,introduces the solution proposed by the Chinese academic community to the problem of parody,and analyzes the reasons why this article finally chose analysis on interpretive theories to respond to parody.The third part analyzes the characteristics of parody and the elements of appropriate quotation,and further demonstrates the possibility of linking parody with appropriate quotation.The fourth part is a further analysis based on the third part,focusing on how to explain the appropriateness of appropriate quotation.
Keywords/Search Tags:parody, appropriate quotation, judicial application, analysis on interpretive theories
PDF Full Text Request
Related items