Research Of Copyright Law Regulation Of Remix

The act of Remix is characterized by the extensive use of works or fragments of works already written by others,while China’s current copyright law gives authors the right by protecting original expression,thus reducing the expression of borrowing works to a minimum,resulting in the act of re mixing repeatedly criticized.However,it is undeniable that remix has penetrated into many fields of literature and art today.Take our country as an example,whether it is the rise of user content sharing platforms represented by Bilibili,or the popularity of free and easy-to-operate editing tools such as iMovie,or the emergence of remixed creative program such as The Rap of China,the whole society shows a high degree of tolerance to the creative way of remix.However,according to China’s current Copyright Law,it is difficult to protect the act of remix with the existing regulations.Therefore,in order to protect the interests of the copyright owners of the existing works and give a positive legal evaluation of the creation of remix,this paper clarifies the creation of Remix and related concepts,analyzes the current situation of the regulation of the copyright law of remix in our country,draws lessons from the relevant legislation and departments of other countries（regions） and put forward some suggestions to current copyright law to promote the development of remix.The act of remix refers to the act of creating a new work by abstracting and recombining pieces or elements of one or more existing works or works.As a kind of "second creation",remix is often compared with the deductive acts of adaptation and compilation,which are all based on existing works,but there are essential differences both in the use of the works and in the requirements for originality of the creative achievements.remix emphasizes the new expression,new value and new content that are different from the existing works,therefore,the originality of its creation requires higher than the adapted works,compilation works.As a means of creation,remixed creation is not the same as parody and user-created content,although many parody and user-created content are realized through remixed creation,remix is not its only means of creation.Because the advent of the Internet age has brought about new technological progress,China’s remix industry is at the stage of rapid development.In the network technology is relatively not very developed,copyright holders often turn a blind eye to remix that take advantage of their work because the latter do not pose an economic or reputational threat to them,but rather help raise the profile of their work.However,with the development of Network Technology and the appearance of new business model,the income of the remix is more and more,and the contradiction between remixer and the copyright owner is more and more acute.For the reasons of channel and cost,it is difficult for the remixer to obtain the permission of the copyright owner of the existing works,so most remixers choose to use the existing works directly for the second creation without the permission of the copyrightowner.There is a risk of infringement of the copyright holder’s moral rights and the property rights of the work.At the beginning of being sued for infringement,the remixer often uses fair use as a defense,while the court usually uses the rules of transformational use and non-substantial similarity to judge whether reasonable use is applicable to the act of remixing,however,due to the closed enumeration mode of fair use under the current Copyright Law,most of the remix cannot be included.In the copyright law and other relevant laws of the world,there are few countries or regions that explicitly stipulate the creation of Remix.The United States,as the earliest and fastest-growing country of remix,currently adopts a more flexible system of fair use to regulate remix.However,in case judgment,the standard of "tree target" only applies to the parody works but not all the remixed works.Most of the remixed works cannot be used fair use because of the large proportion of the existing works.Germany adopts the system of free use to regulate the act of using its works without the permission of the copyright owner,as long as the result of remix is original and meets the criteria of dilution or inner distance,without the permission of the copyright owner can use their works for remixing creation.But German copyright law also stipulates that the system cannot be applied to music works,regardless of the height of creative new works,any extract music will be considered infringement.In addition,Canada’s add user-generated content as a special circumstance of fair use,and Hong Kong’s exemption from copyright infringement for parody,can only regulate a small proportion of remix,most of the remix still belongs to the tort under its Copyright Law System."other circumstances" has been added as a bottom-up clause in the 12 existing cases of reasonable use of the Copyright Law of China,at the same time,the three-step test stipulated in the regulations for the implementation of the copyright law is taken as the second paragraph of the fair use clause,which makes it become law.On this basis,the author thinks that we can learn from the transformational use rule of American four-factor test indirectly,through the use of enhancing the use value of the works,we can judge more flexibly whether a certain act constitutes remix.However,for-profit heavy-mixing creation,this article thinks that it can be protected by setting up statutory license of remix.This model of protection not only reduce the contract cost between the copyright owner and the remixing creator,but also strengthen the copyright owner’s control over the use of his works.As more and more remix which for the purpose of sharing and exchanging appear on the Internet,the Creative Commons is the best way to balance the interests of the copyright owner and the remixer.On the one hand,there is a high degree of coincidence between the Creative Commons and the copyright conflict that has yet to be solved in Remix creation.On the other hand,the purpose of the Creative Commons is consistent with the purpose of remix,which makes the Creative Commons easier to be promoted in remix.