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Discussion On The Copyright Of Remixed Works

Posted on:2021-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhaoFull Text:PDF
GTID:2436330623971839Subject:Economic law
Abstract/Summary:PDF Full Text Request
The Internet-based development model of the sharing economy encourages the sharing and use of resources,and also makes digital tools readily available.With it,the enthusiasm of ordinary people for creation has greatly changed the form of work creation,and various platforms are full of all kinds A work that uses the previous work for re-creation.This second creation is called a "remix." Obviously,the remixed works have been greatly disseminated and utilized under the escorting of the Internet.However,while enriching the public cultural life and increasing social works,it has also triggered the remixing of authors and prior rights holders.Many disputes caused by conflict of rights.As a result,a series of discussions have been triggered: Will the active development of remixed works be beneficial to the virtuous cycle of social and cultural "ecosystems" ? How are the rights of the original copyright owner protected?Remix whether authors should have living space and so on.At the same time,when looking at the copyright law,it was found that the current copyright legal system did not clearly stipulate remixing behaviors and remixing works.Therefore,the purpose of this article is to explore the rationality and legitimacy of remixing behaviors,and to respond to the problems of current remixing works from the theoretical and institutional perspectives.The first part of this article is to achieve the purpose of clear remixing works through the legal definition of remixing works.Since the remixing works appeared,it is "famous" for its wide variety and dependence on predecessors' works,but it also formed a hindrance to its development.If exploring its development path,such works must be given a clear legal definition.Then,the remixed works are classified by type,and the conflict of rights between the remixed works and their previous works is analyzed.The second part mainly describes the legal nature of remixed works.To undertake the first part of the legal definition of remixed works,further elaborate its legal nature,mainly to analyze its copyright attributes and originality,and analyze its rationality as a work in the legal sense,in order to resolve the remixed authors andThe conflict of rights between authors lays the groundwork.The third part is the legislative issue of remixing the current development of works in China.The development resistance of remixed works comes from many aspects,which is inseparable from its own creative characteristics.Therefore,analyzing the development problems and solving them in a targeted manner has practical significance for the development of remixed works.The fourth part is to make suggestions for the development of remixed works in China.It is mainly related to copyright law,such as the fair use system and the statutory licensing system.In addition,it is also important to clarify how to limit the standards and boundaries of remixing works.
Keywords/Search Tags:remixing works, legal nature, conflict of rights, fair use
PDF Full Text Request
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