Study On The Judicial Determination Criteria Of Copyright Infringement Of China’s Internet Remixed Creation

The continuous development of network information technology has broken the barriers of read-only culture,and network users can extract and intercept fragments of existing works for remixing and re-creation through digital technology,and freely upload and share information content and works on the network platform.This mode of re-creation,in which Internet users paste,synthesize,and recombine existing works,is called network remixing.On the one hand,the emergence of online remixes contributes to the prosperity of the cultural creation market,stimulates the creative enthusiasm of ordinary Internet users,and expands the influence and scope of discussion of the original works;on the other hand,it raises a series of copyright problems,such as the possible infringement of the property interests and moral rights of the copyright owner of the original works,and affects the normal use of the works.This has brought challenges to the traditional copyright system and created many difficult problems for legislation and justice in various countries,which has aroused extensive discussions and heated debates in academic circles.China’s research on this issue started late and seldom focuses on judicial practice,but more on legislative regulation and protection.However,the current rapid development of network technology and the conflict of interests involved in network remix creation have become more and more serious,and if the relevant disputes cannot be properly resolved,it will not only challenge the authority of copyright law,but also affect the stability of the cultural market order.With the revision of China’s Copyright Law,the fair use system has broken through the limitations of the previous exhaustive enumeration model,and it is more imperative to study the judicial determination standards of copyright infringement of network remixed creations,which can not only guide judicial practice but also provide the improvement of legislative ideas.The dispute of copyright infringement of network re-mixed creation needs to be analyzed from two major perspectives,namely,the act of network re-mixed creation and indirect infringement of network platform,and the problems of judicial determination standards still exist not clear and uniform,not strong operability and judge-made law to be specifically solved.The former should clarify the original purpose of the establishment of the fair use system of theCopyright Law by sorting out the types,characteristics and risks of network remixed creative acts,and clarify the conditions of application by corresponding to Article 24 of the Copyright Law with specific types of acts.The latter should further refine the criteria for determining the duty of care and economic interests in the "safe harbor regulation" and "red flag standard,of the network service providers,so as to avoid the network platform from benefiting from indirect infringement.The study of judicial determination standards of copyright infringement of network remix creation is to improve the judicial determination standards based on the existing legal framework in China and deeply respond to the difficulties and confusions in judicial practice.Through sorting out relevant case judgments,we summarize the focus of controversy and judicial recognition standards in copyright disputes of network remixed creations,find out the existing problems and reflect on them.At the same time,we study the relevant measures of foreign legislation and judiciary,analyze the room for improvement through comparison,and finally come up with judicial recognition standards that are suitable for the characteristics of China’s judicial practice and in line with the current legal system.