Research On Fair Use Of Music Borrowing In The Creation

As a form of art,music is protected by copyright law.People daily culture life can't without music and everyone will take the initiative to get and share the good music.With the development of society,People have higher demands for music.The purpose of using music change from simple appreciation,teaching and research to the music recreation and commercial use.With the development of technology,many music culture was born.However,this technology revolution is lead to a great number of Copyright infringement cases will easily happen.Fair use is one of the basic principles of copyright law,which as the brige of dealing with copyright conflicts between personal interests and social public interests.For users of music,how to identify the fair use of music borrowing behavior is very important thing.Every expansion and contraction of the fair use principle may rebuild the copyright law.As a researcher of law and independent musician,who in this paper will discuss and system analysis some common phenomenons of music intend to make some regulations of the borrowing behavior.Finally,we hope to find a balance between the social public interests and the personal interests of copyright owners.In order to protect the development of the music industry.Except for the introduction,this paper is divided into five parts:The first part is about the basic issues of fair use principle and the basic concepts,including the principle of fair use of historical origin and early development.And the music borrowing behavior's basic concepts.Finally found that the principle of fair use to identify the borrowing phenomenon of music creation is an important significance! Especially in this era of music technology,the determination about the borrowing phenomenon of music which is important to the development of music style and music culture.The second part demonstrates the fair use of sampling phenomenon in the creation of music.This part introduce the sampling phenomenon's basic conception,historical origin and early development in music culture,which intented to said that sampling phenomenon as a part of music borrowing phenomenon is exist some reasonable things in music creation.It sometimes can fit for the fair use principle.And by analyzing the most developed music industry country---U.S,we got the different attitudes towards the two case of music sampling behavior.At the same time,discussing the legal risks of the sampling of original movie dialogue in music creation.Through the analysis of sampling behavior in music creation,we in order to demonstrates the importance of four elements of the fair use principle and substantial similarity test in music sampling behavior's cases.Finally,the author summarized the whole method about indentify fair use about music sampling phenomenon in the music creation.The third part demonstrates the fair use of remix phenomenon in the creation of music.Frist of all,the author introduce the remix phenomenon's basic conception,historical origin and early development in music culture.And distinguished the differences between remix and sampling.Secondly,the author introduce the dilemma of remix in music creation.Throught “Da zhang wei music remix case” analyse,the author summarized the whole method about indentify fair use about music remix phenomenon in the music creation.The fourth part demonstrates the dilemma of mashup in music creation.Mashup is the most controversial part of all music creation borrowing.Fristly,,the author introduce the mashup phenomenon's basic conception,historical origin and early development in music culture.And distinguished the differences between mashup and sampling,remix.Finally,the conclusion is drawn that mashup can not be copyrights,but it can still exist as a cultural form of non-commercial interests.The fifth part demonstrates the fair use regulations of Music Borrowing in the creation,and and make prospect for the future development direction of fair use principle apply to music industry.The success of parody brought bright light to music borrowing.Transformation the principle of fair use has played an important role in promoting the development of music creation.Then the author summarized the regulation of copyright laws for borrowing phenomenon standards and methods in music creation,in order to better balance the relationship between copyright owners' personal interests and public interests and protect the development of music industry.