后现代艺术生产对著作权法的挑战

A Challenge to Copyright Law from Post-modern Art Production

后现代艺术生产所采用的挪用、拼贴、戏仿、恶搞等艺术手段往往大量借用现成品,这就违背了现行著作权法关于合理使用的规定,二者冲突不可避免。其实,二者的冲突源于对创造性理解的差异,现行著作权法是现代性的产物,把独创性理解为独立加创造,反对袭用前人,强调结果的差异性,后现代艺术生产则反对静态的创造性,不排斥对现成品的利用,把创造性理解为行为的反抗性,其互文性写作实际上是一种行为艺术,具有解构传统、仪式抵抗的意味。

There are a lot of artistic means, such as appropriate, collage, parody, spoof in post - modem art production, which of- ten borrows heavily finished product and goes against the current copyright law on the rational use. In fact, the conflict between the two stems is from their differences in understanding of creativity. The current copyright law regards originality as independent creation and emphasis the difference in the expression between the latter work and the predecessor because it is the product of modernity, but post- modem artistic production is opposed to static creativity and likes copying finished product. In a word, as an intertextual writing, post- modem art production is actually a kind of performance art of deeonstructing the traditional and resisting ritually to the authority.