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- Title
The Bloody Case That Started From a Parody: American Intellectual Property and the Pursuit of Democratic Ideals in Modern China.
- Authors
Rogoyski, Robert S.; Basin, Kenneth
- Abstract
In 2006, Chinese video blogger Hu Ge attained cult fame in China by publishing on the Internet The Bloody Case That Started from a Steamed Bun, a parody of director Chen Kaige's tepidly-received film The Promise. By recasting Kaige's historical epic as a news report about a murder spurred by a steamed bun - and fending off a threatened copyright infringement and defamation lawsuit from the spurned director - Hu Ge opened a debate about the social role of parody in a healthy society. But just as e'gao, a web- based movement of film and music parody, began to take off, the Chinese government clamped down. Some new regulations required anyone wanting to post short videos on the Internet to seek government approval, while others required the submission of music that had been modified from its original form to the Ministry of Culture, even if the changes were made for non-commercial purposes. This Article argues that Chinese copyright law provides insufficient protection for parody and other transformative uses, that existing American foreign policy objectives regarding intellectual property are in conflict with American democratic ideals and democratic foreign policy objectives, and that the United States can and should pursue specific revisions to China's copyright law to implement a democratically-minded intellectual property policy agenda.
- Subjects
CHINA; HU Ge; CHEN, Kaige, 1952-; BLOGS; INTELLECTUAL property
- Publication
UCLA Entertainment Law Review, 2009, Vol 16, Issue 2, p237
- ISSN
1073-2896
- Publication type
Article
- DOI
10.5070/lr8162027126