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The Research of Infrigement Right of Parody

Author: ShuiJing
Tutor: ShiXianZuo
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: Parody Fair Use System Fair competition
CLC: D923.41
Type: Master's thesis
Year: 2007
Downloads: 323
Quote: 0
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Abstract

2006 network parody \Of a Steamed Murder is a film and television works, \This works through the wide dissemination of the network, attracted the attention of the majority of the people, but also caused a litigation. Called parody of such works in the Western countries, it is through ridicule, mockery of the original work and the creation of new works, and is independent of the outside of the original work. It includes literary works, including film and television work, and so also, in various forms. In the laws of our country not to parody, but parody both in ancient and modern and have a longer history can research. In ancient China, there are a lot of literary works are the representatives of the parody, for example, some poetry, in Western countries, and there have been many parody legislation, the most typical is the system of rational use of legislation. The parody is an infringement of the rights of the original work, the boundaries of how tort parody parody protected by copyright law, to resolve the conflict between parody and original works, and reduce the related litigation, this series The problem must be resolved before the issue of the scope of the system of rational use of copyright law. I believe that is one of the objects to be protected by the Copyright Law, China's copyright law has not be listed as a protected object actually nothing wrong. Parody of the ancient and modern works of historical research, I believe that the parody is an essential part of the cultural and historical development, its creation is worthy of recognition, it is to promote cultural development, so we should be on the legislative included in the target range of copyright laws. And various forms of parody works, we can not be classified as a separate object of protection of copyright law, should be protected as a special form of copyright rights restrictions. On this basis, must also be strictly limited to the purpose of parody, to prevent abuse of the right. In addition, under current copyright law system of rational use of vaguely defined in China's Copyright Law, the definition of reasonable use system is used the enumerated legislative mode, cited 12 reasonable use, but the way this legislation is very easy to be exhaustive especially with the development of society, the endless stream of new creative forms enumerated easily encounter legal blind spot. So, I think we should take the legal formulation of the reasonable use of copyright law system Broad Form and enumerative combined legislative mode, in order to avoid specific operation in this example, parody omissions phenomenon. The principle of fair competition missing is also reasonable to use a problem in the system, I suggest to follow the example of the U.S. legislation, the principle of fair competition, not too much emphasis on the protection of the rights of the original author personality, to grasp the scale of protection.

The Research of Infrigement Right of Parody

Abstract

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