Research On The Regulation Of Copyright Law Of Remixed Music Creation

With the rapid development of the sharing economy model in the Internet,a large amount of electronic data and digital materials are readily available through Internet search,which has stimulated the enthusiasm of the public to create works,making the form of works creation continuously rich and diversified.Specifically in the field of music,the general public can create musical works without having professional musical knowledge and technical equipment.The premise of such musical works is to use a large number of existing musical works or their fragments,so they are called "remixed musical works".However,in the judicial field,since the criteria and conditions of the application of remixed musical compositions are not clear,coupled with the existence of non-reasonable use of existing musical works in the process of remixed musical compositions and the lack of existing licensing mechanism,remixed musical compositions have been repeatedly criticized since their emergence.Therefore,in order to balance the interests between the copyright owners of existing musical works and the creators of remixed music,it is necessary to conduct a theoretical discussion on the path of copyright law regulating remixed music compositions and clarify the legal boundaries of remixed music compositions,so as to promote the healthy and orderly development of remixed music compositions.In addition to the presentation and verdict,this thesis major consist of the following five sections:The first part is the conceptual analysis and legal characteristics of remixed musical composition.Remixed musical composition is a musical work created by a remixed creator who intercepts and selects the required musical elements from existing musical works and recombines them.As a form of "secondary creation",remixed music creation is often compared with parody and music splicing.Although remixing is a cross-cutting category,it has substantial differences in the way the work is utilized and the originality of the creative outcome is required,and the creative form it presents is independent of the original work,showing the distinctive personality of the remixer.The second part is the analysis of the legitimacy of remixed music creation.From the aspect of theoretical analysis,the act of using existing musical works by remixed musical compositions is both a specific application of the principle of balance of interests in copyright law and a manifestation of the constitutional guarantee of public freedom of creation in the public domain.In order to prove the legality of remix music creation,the dispute over "Raining Down All Night"(Remix)is taken as an example and analyzed from two aspects of originality expression and fair use standard with the relevant knowledge of music majors,and the criteria for determining the legality of remix music creation are summarized.The third part is the current situation and dilemma of the copyright law of remix music compositions in China.However,the use of existing music works as the basis for creation of remixed music has led to frequent infringement disputes.There are three main dilemmas in the copyright law regulation of heavy mix music creation.Firstly,the inconsistency in the standards of judicial adjudication of remixed music creation has led to the risk of frequent plagiarism of remixed music creation;secondly,the copyright fair use system is rigid,and the boundaries of "personal use" and "appropriate citation" are not clearly defined,although the new Copyright Law Although the new Copyright Law has added a bottom-up clause,it is difficult to categorize remixed music compositions as fair use;thirdly,the current copyright licensing system is not perfect,and the high licensing cost in practice will hinder the development of remixed music compositions.The fourth part is a comparative examination of the copyright laws and regulations for remixed musical compositions in some overseas countries.The United States’ four-factor test for fair use and the principle of exception for trace use have clear and specific pointing standards with greater flexibility.The implied license theory in the UK provides the basis for constructing the implied license system for remixed music.The Canadian exception for non-commercial user-generated content clarifies the specific types of fair use and provides comprehensive protection for non-commercial remix compositions.These systems have important implications for the regulation and protection of remixed music creation in China.The fifth part is the suggestions on the path of regulating the copyright law of remixed music creation in China.Firstly,the boundaries of infringement of remixed musical compositions should be clarified;secondly,the fair use system in China should be improved,and the four elements of fair use as well as the exceptions of minor use and transformative use should be referred to as the basis for determining whether a remixed musical composition infringes;thirdly,the implied license system for remixed musical compositions should be constructed,and the rules of allocation of rights and obligations as well as the punitive compensation system for implied license of musical copyright should be established,so as to promote the prosperity of remixed musical compositions in China.thus promoting the prosperous development of remixed music creation.