Research On The Copyright Of The Remix Creation

With the deepening of the Internet era and the development of the digital media technology,the creation of new works remixed by existing works has been increasingly popular,Which leads to the remixed works in fields of literature,music,art and others have sprung up like mushrooms.But it should also be seen that the creation of the remix includes the use of the existing works of others,which has caused many copyright disputes.Proponents believe that remixed creation is a fair use behavior and is conducive to the spread of knowledge and information,while opponents think it infringes the copyright of prior works.However,the current legal system lacks a clear regulation of the remix creation,which is difficult to deal with the disputes.Therefore,this paper firstly defines the basic concepts and characteristics of the remixed creation,and analyzes the legitimacy of remixed works from the perspective of citizen’s freedom of expressions and the interests balance of copyright law.Then,by comparing the difference among the remixed works,the compilation works and the deductive works,and the difference between the original definition standard of the remixed works and the general works,we can clearly identify the copyright attributes positions in the copyright law of remixes and remixed works.Then,the author analyzes the copyright content,the principle and standard of remixed works that maybe infringe on the former works.Finally,combining with the current situation of China’s copyright law of remixed works,the author proposes some suggestions contained two aspects as following.on the one hand,we should acknowledge the value and significance of remix creation,and clear the legal status of them.Through the improvement of protection of copyright reasonable use system so that more excellent remixed works can be protected.At the same time,we must also face up to the problem that remix may infringe on the copyright of prior works.By defining the standard of infringement,we can give the public clear guidance and avoid infringement.On the other hand,in order to solve the massive network of information resources under the background difficulty to authorize the work,appropriate copyright licensing models should be actively sought.The space and freedom of remixed creation should be maken sure.And the interests between copyright owner and recreators should be balanced so as to promote the prosperity and dissemination of culture.