| In the intelligent equipment popularization and modern technology such as mobile phone support the background of the rise of a short video,there are many differert forms of parodies and it’s growing very quickly,as for everyone has access to the Internet conveniently,parody creation will be in the form of more and more quickly spread in the whole society,its extensive coverage behind the subsequent is thus more and more copyright dispute.Whether it is to promote the development of literature,or from the protection of personal freedom of expression,we should recognize the legal status of parody and distinguish parody from tort.But due to the characteristics of parody works makes it be excluded from the "copyright law" specific provision work type,a relatively safe method is applied the "copyright law" article 24-the rights of the copyright restrictions and exceptions to the so-called reasonable terms of use to open a place on the copyright law of parodies,but our Copyright Law forbids such behavior.Fair use system plays an important role in our country’s copyright law,however times are changing,there are more and more new forms of culture,there are some problems in the legislation,especially,while our country copyright law does not have the relevant stipulation circumstance,there are some courts have actually applied the four elements of fair use in deciding copyright disputes,the judge for the rational use of four different elements and convert the understanding of the use,in the concrete applicable also appears unavoidably too much discretion and connection with different phenomenon.Therefore,the author will sort out several controversial points of China’s academic circles on parody,summarize the development process of protecting parody base on the analysis of British and American legal and judicial cases,discuss and determine that parody constitutes the standard of fair use,then I will give some suggestions for how to perfect the standard.The first chapter will explain that parody is a kind of creative method based on imitation,analyze its characteristics,discusses the cognizance of the rational use of parody constitute the three problems,whether it is a parody belongs to "appropriate reference" situation is not clear.Secondly,the four essential factors of the rational use of the core elements of controversial.Thirdly,the connotation and application rules of transformational use are not clear.The second chapter related to Britain and the United States some of the rules that parodies and case,describes the British from strict "substantial copy" standard to by parodying exceptions,the United States from the Campbell case applicable transformation theory is used as the basis to today’s transformation using standards relaxed,to analyze both Britain and America for parody of different protection approach and comparative analysis,in order to we can get to perfect our country parodies constitute the standard of rational use of the beneficial experience.The third chapter puts forward the rational use of parody constitute the cognizance of the improvement of the standard advice,first of all should be parodying belongs to "appropriate" reference case,because of the special nature of parody and its appropriateness criteria should relax,then clearly identifying parodies constitute the core of the rational use of standards,the last applicable to convert use specific recommendations,including promoting the localization of transformation used,set the guidance issued by the judicial interpretation and case. |
