Research On The Copyright Protection Of The Mixed Works

The advent of the new economy has made the original self sufficient natural economic mode replaced.It has become a mixed economy mode of mutual utilization,mutual support,mutual development and mutual support of others' achievements and self creation.At the same time,in the era of big data,people's lives are flooded with huge amounts of information and information,including networks,media,WeChat,QQ and other platforms.In this case,whether it is business or individual to alter self-sufficiency and self-reliance,insular survival mode,passed through the use of existing to get the maximum use of resources that meet,re creation.In copyright,it represents the re mixing and utilization of resources of different works.It is about to form a new work by combining its own creation with other people's existing works.Under the influence of the existing economic model and Internet technology,there is also a form of heavy mixing of works which are used and shared by each other in the field of copyright.Re work appears on the one hand to achieve information sharing between different works,add color to people's life;on the other hand,works as a new form of mixed heavy works,the particularity of the complexity,continue to cause problems adscription of copyright and copyright infringement in practice.Based on a series of problems in the practice of mixed ownership of copyright works and the special re identification standards,re works copyright ownership and protection,the copyright law of the heavy work attitude mixed paper,look forward to the amendment of Chinese copyright law enlightenment thinking.This article is divided into four parts:The first part expounds the basic theory of the remixed works.The first is to define the concept of re work,then make a distinction between the re works and related works,and then analyzes the legitimacy of heavy cropping,respectively from the origin of mixed works and its rationality and legitimacy.Through the analysis of these basic theories,and on this basis,we summarize the particularity of the works of heavy mixing.The justification of the remixed works is also the prerequisite for the protection of the remixed works,and its legitimacy is the legal protection of the legal protection of the remixed works.The second part discusses the composition of the copyright of the remixed works.Theremix works have the complexity of the subject,the high degree of difficulty,the particularity of the content and exercise.This part combs the copyright legal relationship between the mixed works and the original works from a legal perspective,and tries to provide references for solving the copyright disputes between the remixer and the original author.There are two kinds of copyright in the works of mixed works,namely,copyright and personal property rights.Copyright exercise is similar to general works and shows certain individuality.The third part appraises the protection mode of the copyright of the extraterritorial works,and makes a comparative analysis of the different models to get the essence and go to the dregs.The rational use of the four criteria of judgment in the United States can provide a reference for the rational use of the copyright law of China.In addition,Germany's broader licensing utilization,strict French regulations and the "three step inspection standard" of Berne Convention provide certain reference value for the copyright protection system of our country's copyright law.The fourth part puts forward some suggestions on the improvement of the copyright protection system of our country's heavy mixed works.The contents include the copyright ownership system,the copyright content and the exercise system,the copyright infringement identification system and the copyright infringement liability system.