滑稽模仿的保护与规范——“馒头”案的思考与启示.pdfVIP

Abstract The “wuji” and “mantou” copyright dispute forms a prelude, standardized analysis and empirical research methods are used in the paper from Chinas Copyright Law Perspective. This paper demonstrates “matou is not violation of the “wuji” copyright, also points out that this case exposed the copyright law. Through the inspection of Comparative Law and the consideration of Chinas actual needs, we need introduce parody system in order to encourage and protect the kind of “mantou” creative, improve the existing system of copyright law to resolve such cases, help the guidance of a better judicial Practice. Therefore, the case and parody research have a theoretical and practice significance. The article is divided into four main parts: The first part is the case brief. “mantou” is made by a youth named Huge. It is a new audio-visual works made through interception of “wuji”screen, using with the form of programme CCTVs “Chinas legal report”,getting help from the Shanghai circus performances, adopting the re-composition and dubbing, art production and creative formation . The second part is legal disputes triggered by the case. Although the case did not enter the judicial process, a wide range of academic discussion is made. The focus of dispute: Does “mantou” violate the “wuji” copyright? If violates, which rights are to be violated? This paper believes that “mantou” does not infringe the copyright of “wuji”. The right to modify and keep works integrity, the right of compilation and adaptation, the right of copy and network communication are discussed. Therefore, the copyright dispute of new and original woks occurred..