The Copyright Protection Of Parody Works

From2006Huge created "a murder case caused by a steamed bread" to today’s " Journey to the West:Conquering the Demos" and "the dormitory on the tip of the tongue", the emergence of the parody works not only became the focus of national attention, but also caused the wide attention of related people in academic fields. The definition of parody works is to achieve the purpose of entertainment or comments and embody the originality of the work by imitating and parodying the content of the work in the field of literature and art It includes literature works、film works or television works, and has a variety of creative and expressive forms. Although the comments and banter of parody has given a challenge to our current copyright law, however, the copyright law to parody protection has its theoretical basis. The protection to parody is not only indicates the protection of public expression right, but also embodies the principle of copyright law to maintain a balance of interests between parody owner and copyright owner. Our current law does not expressly to parody; there is no clear copyright ownership of parody works and no standard unified in judicial practice. Western countries have some legal researches for a long time, and have formed a set of mature processing mode. This paper attempts to put forward some suggestions on the copyright law protection of parody works under the current copyright law framework and combined with relevant legal experience abroad. This paper consists of five sections. The first part is an overview of parody works. It elaborates the origin, concepts, and related conditions of parody works and compares the concept of some definition. And then put up with the type of parody works that the paper mainly studies according to the classification of parody. After analyzing the legal characteristics of parody works, it clarifies the definition of parody works. The second part describes the theoretical basis for the copyright law protection of parody works. It indicates the legitimacy of parody works protection by copyright law by analyzing the consistency among parody works protection by copyright law and freedom of speech, freedom of artistic creation, encourage the creation and dissemination of works, the interests balance. The third part is analysis the parody works protection mode on copyright law abroad and draws some experiences about protection system of our country. The forth part analyzes the current situation of china’s copyright law on the protection of parody works. On one hand analyzing two controversial views of our current parody works whether should be protected by copyright law. On the other hand, pointing out the issues of copyright law for the protection of parody works. The fifth part comes up with suggestions based on the foregoing analysis. The first step is to establish the principle of the parody works protection of copyright law; the second step is to make parody works as a protection object of copyright law; the third step is to explicit a clear parody works copyright ownership, and the fourth step is to has a clear definition of parody works protection conditions of rational use.