Study On The Copyright Protection Of Remixed Works

In the era of the rapid development of the Internet,with the development of media and technology,the spread speed of network works can be described as "traveling thousands of miles every day".People with a device that can access the Internet can get the latest and most interesting information without leaving their homes.It is under this background that remixed works came into being,and they can be seen everywhere on the Internet.However,because of efficiency and cost considerations,many producers of remixed works use the other’s work for remixed creation without permission,resulting in rights conflicts between remixed works and original works.Are remixed works "works" in the sense of copyright law? How to solve the conflict between remixed works and original works? These problems need to be resolved urgently,and our country’s laws have not yet commented on them.This reflects the potential crisis in the future development of remixed works.Remixed works should be protected.Protecting it is in line with the legislative purpose of the Copyright law to promote knowledge dissemination and prevent knowledge from being monopolized.It can promote the development of the public domain of the Copyright Law and promote a richer diversity of stakeholders.However,in judicial practice,due to the hysteresis of legislation and the flexibility and emerging nature of remixed works,the existing Copyright law cannot resolve copyright disputes related to remix:Unable to use legal systems such as the copyright fair use system and the statutory licensing system as the infringement defense of remix.The absence of current legal norms does not mean that they should not be protected in law.Based on the experience of overseas mature copyright law system,combined with China’s national conditions and the actual obstacles in the protection of remixed works,this paper analyzes the main paths for the protection of remixed works in copyright law as follows: firstly,clarify the copyright attribute of remixed works.Secondly,on the solution of the copyright conflict between the remixed works and the original works: on the one hand,the legislative method of copyright fair use system can be transformed into a relatively open style,so as to include non-profit remixed works under its protection;Because "conversionary use" does not exclude commercial use,the "conversionary use" standard in the copyright fair use system can protect some for-profit remixed works.On the other hand,improve the copyright licensing system.Through the copyright licensing system to regulate for-profit remix that are obviously inconsistent with the copyright fair use,this system is also a better way to balance the interests of both the original author and the remixed author.Due to the exception of the statutory licensing system,that is,the legislation gives the right holder the right to claim no permission to use his own work before others use his own work,which reduces the actual effectiveness of the statutory licensing system,which is not conducive to the circulation of works.Therefore,the copyright compulsory license use system can be introduced.For some works that the author declares not to be used,the relevant competent authority shall determine whether to authorize others to use copyrighted works according to the situation.