Copyright Law Regulation Of Parody In China

Parody was derived from Western and initial emerged in literature field. It is a special literature creative technique which is utilizing and at the same time subverting others writings, and through the way of humour and comicality to sneer and subvert the writing itself. As the copyright of parody, most of the countries were forming a complete legal norm pass through long-term theoretical research and juridical practice. Although there has parody writings appeared in ancient China, our country still have no explicit regulations within copyright of legal norm and law circles pay little attention on parody either. Up to 2006, an online video《A Murder Case Caused by a Steamed Bread》aroused the discussion of parody by law circles. It was a pity that only surface of the parody research conducted by law circles, the jurists didn't reach a consensus towards'how to regulate the copy of parody writings'and the regulations which put forward were lack of feasibility. This could be hindering the development of parody and the flourish of our cultural products market. This paper based on the advanced legislation of foreign countries and special condition of our country, try to put forward a little more feasible train of thought on regulations. And expected a hope my crude remarks may draw forth by law circles to research parody in a new period in order to be a basis for juridical practice.Chapter one introduces the concept and characters of parody and analyses the differences between parody and practical jokes and imitations. Think that the scope of practical jokes and imitations are many more than parody, and more complexity than parody in the legal nature. At the last section of chapter one defines the feature of parody that is a special adaptation.Chapter two divided into three sections to discourse the necessity of regulate parody writings by copyright law in our country. Section one expounds the three point of views included philosophy, constitution and copyright law. Section two provides the practice supports for necessity of regulation through the introduction of foreign instance of legislation Section three disserts further by considered the condition of our country.Chapter three discusses the relationship between parody writings and current existing copyright law. Which think that there are no regulations of parody writings by copyright law. Besides, parody can't fall under the relative regulations of copyright law, because parody has incompatible conflict with correlative compilation works and the regulations of intelligent use.Chapter four gives the suggestions on regulate parody by copyright law of our country. It thinks that should obey the equitable interest principle and regard it as the major principle. At the methods of regulation, which through adopt the intelligent use system to clear the character of regulations. And definite the manner of legality conditions by the legal obligation and legislative measures in the copyright law. At the content of regulation, which need to regulate the on the type of original writings, the purpose of parody writings, the amount and the characters of parody writings who utilize the original writings, and its impacts to the market.