All Copyright Problems Of Remix And Its Solutions

As an important creative way,remix has made rapid development through the use of new technologies,but also caused widespread copyright disputes.On the one hand,Remix works created through excerpt from other works or part of other works to reorganization into a new work,it is a“second creation,” this special way makes legal status of the remixed creators is unknown and facing infringement confusion.On the other hand,Not all remix is a tort,amateur remix creators profit for self appreciation,professional writers profit for market sales.What is protection of the copyright of the original author,or support mixed creation? If you simply regarded remix as a tort,and the situation does not match our current.At present,whether the international treaty or all countries Copyright law are very few to regulate behavior of remix,our current Copyright law is difficult to solve all kinds of problems related to the remix.Therefore,In order to protect the interests of original authors,and give remix effort of remix authors a legal evaluation,we need to draw on the experience from other countries to regulate remix phenomenon,to promote the development of legitimate remix.This thesis consists of three parts: the introduction,the body section and the conclusion.There are five parts of the body section :The first part is the source of "remix"..Traced back to remix long history,recalled the "remix" this important of creation way from Jin set sentence poems of creation began to Internet times various remix works prosperity.With the development of new technologies,such as multimedia technology,digital technology provides new development opportunities,makes remix more diverse,more rich content,remix novel,remix art,remix music,remix video and remix media increasingly common,remix has already become a kind of culture form.The second part is the "remix" Copyright problems.Remix is from English translation originally refers to a way of remix music,has mow become a music genre."Remix" refers to the existing text,music,art,video,software and other works of fragments of works for excerpt,synthesis and creation of new works.Remix as one of the signs of "user generated content" network mode,and it is different from professionally produced content,has its own characteristics in the content and the way of creation,such as the creation of the diversification,and the creation of special process the innovative and so on.In addition,As aspecial way of creation,remix is not equal to the compilation of appropriate reference,adaptation and so on.Therefore,the right and infringement judgment standard of remix works in the Copyright law of China are not clearly.With the development of mixed works,these issues becomes increasingly prominent,if not resolved will hinder the healthy development of remix.The three part is the comparison research.First,About remix in the "Berne Convention",WCT,Trips agreement and other international treaties are not clearly defined,but according to the provisions of the "three step test",countries can according to the specific circumstances of the their country to rule the limitations and exceptions of fair use provisions.Of course,Our country also can according to the specific circumstances of our country to make legitimate remix into the scope of fair use.Secondly,Whether the way is infringement or belonging to the fair use.American Copyright law judgment standard mainly is the use of "four elements of judgment." This opening judgment standard of fair use,can cope with the changing social relations,strong adaptability,but flexibility is the opposite of uncertainty,and it is also rooted in the American case law,with American style high litigation cost.These make The public result in the uncertainty of the fair use.Therefore,The amendment of the China Copyright law should be based on the specific situation of China,establish appropriate the standard of fair use of our country.In order to adapt to the development of new technology,2012,The Canadian Copyright Modernization modify the fair use of the system,increase the "user generated content" clause,give the user rights,allowing individuals to create new works for the purpose of using the published works,known as the "remix provisions".This is provide a reference for China's Copyright law to increase remix into the scope of fair use.In addition,The German Copyright law of passive protection of deduction provides a new way to regulate remix.The fourth part is the solutions of remix Copyright problems.On the legal status and ownership of remix in the Chinese Copyright law have no relevant regulations.Because legal lag,it always appears in the backward social problems.If regard remix as a tort only because of lacking of law rules,it does not match the actual situation.Therefore,The court used for the basis of the interpretation of will in other copyright law when the behavior don't comply with the legal provisions.The concept of remix behavior is different from the compilation,adaptation and interpretation but all these behavior are the use of the works of others again creation,have a certain similarity.So,for without permission of the original works of theauthor remix behavior can refer to illegal deduction for insurance Support of the standard.The judicial practice of illegal deduction works copyright to use passive protection theory,namely illegal deduction enjoy "no right and no public" right to use "of illegal deduction works,only third prohibit the unauthorized use of the work and the right to compensation,but does not have its own public use or permit again using the rights of others.At the same time,the German Copyright law of negative protection of illegal deduction can provide a reference for the legal status of remix,such as copyright infringement judgment problem.If the unauthorized remix of their works for the use of different so that it should be decided by the way The original works of the author to perform different obligations,or should bear tort liability.In addition,For the creation of professional for-profit remix works should apply the legal license norms.Do not require original author licensing,but its use in the works according to the provisions of the law to the original author pay legal licensing fees properly.In order to facilitate the payment of remuneration,remix to Copyright collective management organization to delivery,and then by the Copyright owner.But for the remix determination the creation of the statutory licensing fees,due to the heavy work of many works of other mixed use,value as well as the cause of the loss of the original author is difficult to confirm,should learn from the expert witness or technical regulation In addition,in order to re mix the music works,it can be applied to the statutory licensing standards for the two time to record the music works of the recording producers when the producers of sound recordings are provided by the thirty-ninth paragraph of the Copyright law of the third paragraph.The fifth part is suggestions of the Copyright law revision.In a mixed world,in order to better regulate the remixed behavior,requires reform current the relevant system of Copyright law according to the needs of social development.Through the comparative study on the behavior of all relevant norms,provide a reference for the revision of China's Copyright law.In the third of The Copyright of China,also made similar changes to fair use,the addition of “other circumstance”and“general provision ”stipulates that is worthy of recognition,but there is also the “other risk of it free explains,increase legal uncertainty.Therefor,In order to ensure legal certainty and predictability,in the revision of The Copyright law should be explicitly for creation of provisions for fair use;non-profit remix behavior should be defined as applicable to the case of fair use.One is introduction of the Creative Commons rules.In order to protect the Copyright of previously author should introduce the Creative Commons rules,allowing previously author firstly add Copyright license mark,keep the important rightsreserved,not allow others to use,it is not only protect the interests of the author also convenient for the public use of the works.