The Dilemma Of Applying Fair Use System To Music Sampling

Nowadays,the rapid development of digital technology makes other's achievements closely linked with self-creation,the common development of the mixed economy replaced the original self-sufficient natural economy model.Moreover,There is no denying that there are huge amounts of information resource in all walks of our lives,which are filled with various platforms,such as the network,media and so on.Then,in this case,we should all adapt to the development of the times by using available resources to enrich their own resource database to acquire more inspiration,that is,remix and recreate.In the field of intellectual property.It is embodied in the reuse of different work with resources,that is to recombine their own works with other existing work materials into a new work.Under the influence of today's Internet technology and economic model,there is also a remix phenomenon in the field of intellectual property such as work-shareing and exploitation.The exisitence and development of remix creation is of great significance to the prosperity of cultural creative industries in China,As the product of sharing economy and culture,its appearance not only realizes the sharing among different works,but also enriches people's spiritual life.In addition,as a brand-new work,remix creation has caused continuous copyright disputes in real life because of its own complexity.At present,the copyright disputes happens frenquently.But it is embarrassing that the current laws and regulations in my country do not restrict the remixing related matters,which leads to the legal protection of remixing musical works is not effective.Music Sampling,as one of the representatives of remix works,though there is no relevant litigation cases in China,that doesn't mean that music sampling is not necessary to explore.Harvard professor Lawrence Lessig once said that audiovisual technology can help the economic growth of the mixing industry.With the rapid development of Internet technology and computer software technology,the development of the mixing industry will also enter the forefront of the development of my country's Internet entertainment culture.Therefore,how current copyright legal system locating the remix works will undoubtedly be a significant breakthrough in Copyright Law on easing conflicts between copyright and public interest in the fast development of Internet era.In recent years,the Copyright Infringement of Audio Recordings has continuous occurance with the development of Music Sampling technology.This thesis is aimed at relevant research and condition of Judicial Proceedings at home and abroad,and to start the discussion of the definition of Music Sampling and its free use.The paper contains 4parts:Part 1 is a general summary of the Music Sampling.First,analyze the definition problem of Music Sampling,then illustrate the difference of copy and adaptation on the Copyright Law,Last make theoretical discussion of its ascription.Part 2 elaborates the applicable dilemma of the Free Use System.The first is to analyze the problems existing in our country's fair use criterion;And the second is to clarify the dilemma that music sampling is difficult to apply to the fair use system.Finally,make theoretical analysis of the 43 th law in ?Copyright Law?(Revised draft).Part 3 is a research on the relevant case abroad.First illustrates the conditions of Judicial Proceedings.Then some reflections on the foreign regulation pathway of the copyright of Music Sampling.Part 4 is the relevant copyright legislation of music sampling and related judicial practice suggestions,legislative level,to retain the provisions on the rational use of neighboring rights;licensing mechanism,by pointing out the drawbacks of other licensing models,thus introducing the implied licensing system;judicial practice level,fair use can be used as a useful supplement to free use and tort judgment,in addition,expand the rational use of rules and pay attention to the use of transformational standards in music sampling,in order to promote the healthy and sustainable development of the music industry.