Copyright Protection Of Remixed Works

The process of human creation is often full of reference and utilization of previous works,and the creation of works is often derived from the wisdom of predecessors.Every copyright owner may be user of prior works.Remixing as the creation form of new works,which is based on of previous works,may infringe the copyright of the original works and cause litigation disputes.With the changing of human creativity and the development of science and technology,ways of remixing are more diverse and the conflict between remixed works and the original works is more apparent,this limits the creation of freedom and public's enthusiasm to use previous works.So we should strengthen the protection of remixed works to promote the creation of remixed works,and promote cultural innovation and social prosperity.In addition to the introduction and conclusion,this thesis is divided into five parts.Part I:the definition of remixing works.This part first introduces the origin and development of remixing,which is intended to show that remixing has been prevalent in literature and art creation since before.But the development of technology has generated a large number of remixed works and the diversity of remixing methods.Secondly,this part introduces the definition of remixed works by scholars.Combined with the characteristics of remixed works,the author proposes that remixed works are works that are different from the original works by purposefully arranging,combining and transforming fragments of others' works.In the author's opinion,remixing is not plagiarism in copyright law.At the same time,although remixed works and parody works are crossing relationship,the extension of remixing works is broader than that of parody works.Finally,this part introduces the main types of remixed works,including remixed music,remixed video,remixed fiction,remixed art works and remixed database.Part II:the legitimacy of copyright protection of remixed works,which is mainly demonstrated from four aspects.First of all,the creators of remixed works added their own original labor in the process of creation,which should be protected by the copyright law according to Locke's theory of labor property rights.Secondly,the protection of remixed works can promote the realization of "the greatest happiness of the greatest number of people",which is also in line with the legislative purpose of copyright law to encourage the creation and dissemination of works.Thirdly,the protection of remixed works can promote the freedom of artistic creation and the prosperity of socialist cultural undertakings.Finally,the protection of remixed works is the embodiment of the principle of balance of interests in the copyright law,and the public needs some freedom to create subsequent works of the previous ones,and then promote cultural innovation.Part III:the conflict of rights between the remixed work and the original work.This part first analyzes that remixed work may infringe the right of authorship,adaptation right,right to protect the integrity of work and information network transmission right.Then,the reasons for the conflict between the remixed works and the original works are as follows: the copyright law continuously strengthens the protection of the rights of copyright owners,including the expansion of the scope of rights and excessive duration of copyright protection.In the following part,the author introduces the infringement disputes of remixed works in China's practice,focusing on two typical cases: Shanghai Meiying Film Factory v.Zhejiang Xinying Age co.,LTD.,Huayi Brothers co.,LTD.,and Jin yong v.Jiangnan Copyright Infringement Disputes and Unfair competition cases.Part IV:the comparative study of remixing works copyright protection.This part examines the protection of remixed works in the United States and Canada,because the legislation of these two countries has relatively perfect protection for remixed works,and the American courts' non-infringement judgment in judicial practice can also encourage remixing to some extent.First,this part introduces the operation of the fair use system of the United States in remixed works infringement,the court applicate the purpose and nature of use,the nature of the work being used,the use of the quantity and quality,the use to the effect of market of works to analyze the defendant's behavior constitute fair use,especially the transformative use plays an an important part.Secondly,this part introduces the Canadian Copyright law,in 2012,Canada revised relevant provision on the fair use of remixed works,which is known as " exception of remixing",the user to use and spread works as long as meeting non-commercial,indicating the source of works,and will not cause harm to the original works of specific elements,can be fair use.Part V:the suggestions on copyright protection of remixed works in China.To strengthen the protection of China's remixed works and encourage remixing,author of this thesis puts forward some suggestions.First,introduction of fair use of the four elements analysis method.Second,the scope of adaptation right should be limited appropriately.It is suggested to change the scope of adaptation right to "adaptation right refers to the right to change the content of a work or to change the genre and form of the work",so as to avoid excessive scope of the right of adaptation.Third,the judgment of infringement of the right to protect the integrity of work shall be based on objective criteria,that is the damage to the author's reputation should be as an essential element to increase the legal certainty.Fourth,the term of protection of moral rights of author should be limited,because granting the author a permanent term of moral rights protection will restrict the freedom of remixing and increase the cost of public to use the work,and is not conducive to cultural innovation.