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滑稽模仿作为人们表达思想和进行艺术创作的一种方式,原则上受宪法和著作权法保护,在西方国家也通常享受合理使用抗辩。滑稽模仿进入中国公民视野的“一个馒头引发的血案”已过去八年,可我国至今未针对其立法。为了避免今后在涉滑稽模仿侵权案件起诉、审判、执行上再遇困境,中国应当将其明确纳入著作权权利限制体系加以规范。
As a way for people to express their thoughts and make art, the parody of imitation is protected in principle by the constitution and the copyright law. In Western countries, they usually enjoy the defense of fair use. It has been eight years since the parody of “a steamed bread has caused” into the eyes of Chinese citizens. But so far our country has not legislated against it. In order to avoid future difficulties in the prosecution, trial and execution of cases involving imitation and imitation of absurdity, China should explicitly include it in the system of restrictions on copyright rights.