| This creative way of remixing appeared in literary works a long time ago.in today’s network era,the information transmission is convenient,the materials needed for remixing creation are extremely easy to obtain,and the development of science and technology has also lowered the technical threshold for some professional artistic creation.so the audience of works of art can now become the creators of works of art,and mixed music works are produced in this wave of creation.This paper first expounds the basic concepts of mixed music works,introduces the origin and development of mixed music works,and analyzes the current copyright laws of various countries in an attempt to find a legal basis for this new form of music works.As for the regulation methods of mixed music works,the mainstream views in academic circles focus on the adoption of fair use system,legal license system and sharing agreement,etc.The author compares the characteristics of mixed music works with the judgment criteria of these methods one by one,and summarizes the inadaptability between mixed music works and the existing system.This paper puts forward the viewpoint of drawing lessons from the judgment of the four elements of the fair use system in the United States to explain the existing fair use system.in addition,the author also suggests that the mixing creation should be brought into the legal license system,so as to provide a legal basis for the mixing creation.so as to protect the prosperity and development of culture.In addition to the compulsory means of the law,based on the premise of the voluntary principle of civil activities,the author provides a flexible way of transaction.that is to use the voluntary free authorization method of knowledge sharing agreement and vigorously develop the existing paid authorization business model to solve the problem of infringement in the creation of mixed music works.A large number of output of mixed music works represents an irresistible creative tide.Only by correctly analyzing the copyright problems of mixed music works,clarifying the standard of infringement,finding a reasonable solution,and giving creators correct norms and guidance,can creators no longer take the huge risk of infringement to carry out music creation,so as to promote the spread and prosperity of culture. |
