Study On The Schemes Of Copyright Protection For Remix Works

The rapid development of remix works has caused dissatisfaction among the original copyright holders while it has also triggered a few problems that need our attention-Should remix works be protected by copyright law? What kind of protection should copyright law offer to remix works? From the perspective of the theory of natural rights,remix works are distinguished from other public domain resources by the author's “labor” of creation activity and hence they belong to the author;they are the extension of the author's personality and hence have legal philosophical justification for their protection.From the point of view of utilitarianism,remix works have enormous economic value and social value.Their prosperity can promote the realization of public interests and realize the greatest happiness of the most people.Therefore,they need to be protected.There are significant differences between remix works and other copyrighted works.Remix works are neither derivative works nor collective works,so it is difficult to apply the existing regulations to protect and regulate remix works.Since the scope of the domestic fair use system is too narrow while the rules of foreign countries' fair use system are with too many uncertainties,authors of remix works usually fail to use fair use as a defense in infringement cases.Licensing mechanism can legitimize remix,but the cost of obtaining a license is relatively high and it is difficult to obtain a license,which make the licensing mechanism has little effect in solving the problem of protection of remix works.Creative commons is extremely beneficial for remix because it requires no cost of use and it simplifies the procedure of application.However,the lack of incentives may prevent it from receiving wide recognition.Remix right overcomes the disadvantages of other protection schemes and is able to provide more comprehensive protection for remix works.This paper focuses on researches and practices at home and abroad,hoping to fill the gaps in the domestic copyright law in this area and to help to resolve such disputes that may arise in the future.