Research On The Legal Protection And Regulation Of “Remix Music Works”

With the progress of science and technology,the music market shows a trend of diversification: a variety of niche music,such as post-rock,punk,reggae,jazz hiphop,electronic music and so on,gradually come into people's views,which provides more alternative types for our music art appreciation.However,music forms are changing with each passing day,which inevitably accompanies by challenges to copyright law.Among them,the conflict of rights and interests between the owners of the previous musical works and the remix musicians is particularly obvious.Many remix musicians use other people's works for business creation without the authorization of the original owner.Although the owner usually treats the use of remix musicians with implied permission,with the commercialization and large-scale development of remix music,the profits of remix music market are increasing day by day,but Chinese Copyright Law has no corresponding protection and regulation measures,which makes remix music creation become grey zone.In national copyright legislation,it is usually considered that remix should be increased into the scope of fair use in order to balance the conflict between the two.Our country should do the same,especially,learning how to use fair use system to balance the legitimate rights and interests between the public and copyright owners is particularly critical.On the copyright issue of remix music works,we should focus on remix music works,compare and analyze the relationships and differences between remix music works and derivative works,compilation works and parody works through the comparative research,so as to define it as a “derivative work” in a broad sense.In addition,through The Grey Album infringement case,we can explore the risks of infringement of remix music works with commercial nature,including personal rights and property rights,we can also get the problems that need to be solved urgently in the confirmation of legality of remix music works,that is,whether the re-creation should be carried out with the permission of the owner of previous works;whether the commercial remix music creation is tort;and how to perfect the fair use system to regulate remix music in China.By making a comparative study on judicial actuality of remix music works in various countries in the world,we can obtain the reference for the establishment of the protection system of remix music works in our country.On this basis,we can draw into the “four-element judgment” and “transformative use” of American Copyright Law,and use fair use system to regulate remix music works;establish “arrange right” and “remix right” in legislation to protect “arrange works” and “remix works” as independent works;introduce and improve Creative Commons License in combination with the current situation of music market development in China,and standardize the behavior of re-creation.It is hoped that some suggestions can be put forward on the protection and regulation of new music forms through the study of remix music works,so as to promote the prosperity and development of our music market.