Research On The Fair Use Of Copyrights In Parody Works

With the update and development of Internet media technology,the means and ways of network information dissemination show a variety of characteristics.Especially in the we media era,the popularity of short video software and mobile intelligent devices provides a more convenient channel for literary and artistic creation.As a creative method,parody intercepts some fragments of the original work,processes,re deduces and reinterprets the original works,and transforms the original meaningful works into secondary works,which also attracts the click rate and fans.As people pay more and more attention to the protection of intellectual property rights,the phenomenon of parody has attracted much attention and controversy in terms of whether it should be protected by the copyright law or whether it infringes the copyright.Parody is closely related to the development of the Internet.It has the similar characteristics of its emergence and development at home and abroad,which also puts forward new requirements for the protection of intellectual property rights.Focusing on the copyright of parody works,this paper reviews,sorts out,compares and analyzes the relevant legal literature and data related to parody at home and abroad.The author adheres to the basic norms of legal research with Chinese characteristics,uses legal methodology to understand the legal logic of parody and the inherent law in intellectual property law and legal practice.From the perspective of analysis,we insist on taking the problem as the center,taking evidence and logic as the leading factor,combining with the reality and adhering to the academic norms,raise and analyze the problems,and constantly rise from perceptual knowledge to rational knowledge,so as to demonstrate the appropriateness and legitimacy of Parody in legal theory,and finally put forward suggestions and theoretical findings to deal with its dilemma in copyright law.This article consists of three parts,including introduction,body and conclusion.The first part is an introduction,which mainly introduces the background of the topic of fair use of the copyright of parody works and the issues raised.Through the analysis of the research status at home and abroad,the purpose and significance of this study are obtained,and the basic concepts and characteristics of parody and fair use are defined through literature analysis,case analysis,comparative analysis and multi-disciplinary Analysis method for the next study.The second part is the text,first of all,it defines the basic concepts and characteristics of parody and fair use,analyzes the relevant provisions applicable to the system of fair use in China’s judicial practice,and analyzes the defects of China’s system of fair use in judging the phenomenon of parody.By analyzing the typical cases of parody in China,this paper analyzes the copyright fair use system of parody works from the perspective of copyright law.In the fair use of parody,it is not only faced with the judgment of infringement,the new allocation of resources and the balance of interests,whether it is in conflict with the incentive theory of copyright protection,whether it has an impact on the applicability of the current system.In spite of the above difficulties,parody and fair use systems still have high social and economic value.Aiming at the above difficulties and problems,the author puts forward the legal construction of fair use system for parody.Through perfecting copyright legislation,the scope of parody should be clearly defined and the fair use system should be applied to parody by distinguishing different situations.The third part is the conclusion,which summarizes and summarizes the whole paper.It is believed that protecting the copyright rights of the creators of parody works and encouraging reasonable parody creation techniques are the feasible ways to protect civil rights and optimize the creation environment of literary and artistic works,and it is also the mark of the progress of the rule of law in China.