论滑稽模仿“引用”的合理性与合法性

A Research into the Rationality and Legality of the Parody Copy

随着后现代主义思潮的涌入和网络的普及,滑稽模仿开始在我国流行。该文学形式独特的创作手法与著作权合理使用制度严格限制引用之间的冲突,引发了滑稽模仿"大量引用与核心引用"的合理性与合法性矛盾。在分析滑稽模仿与源文本关系的基础上,本文得出结论,鼓励创作滑稽模仿符合权利平衡的价值目标和社会效益最大化的著作权立法目的,我国著作权法应该把滑稽模仿纳入合理使用的范围,并放宽对其引用的量和质的限制。

With the postmodernism being introduced into our country as well as the widespread of internet, parody has become more and more popular. Meanwhile, there is conflict between the rationality and legality in the large amount of copying and substantiality of copying, which is aroused by the inconsistency between the special methods of creating a parody and the limitation of use in the fair use system. After analyzing the relationship between parody and the source - text as well as reviewing the trend of legislation in the world, this article draws the conclusion that inspiring the creation of parodies fits the objective of balance of rights the goal of copyright law, so we should incorporate parody into the fair use system and reduce the copying limitation in parody.