Research On The Determination Of Copyright Infringement Of Music Samples

With the advent of the digital era,music sampling has gradually become one of the mainstream forms of music creation.The emergence of digital technology reduces the difficulty of music sampling and provides more creative ways and opportunities for amateur musicians.With the lowering of the threshold of the industry,the phenomenon of music sampling is more and more widespread,because the sampling of the previous recordings is the core part of music sampling,resulting in the increasing of copyright infringement disputes.Although there are few precedents for music sampling to be taken to court in China,and most cases are settled by conciliation,it is extremely urgent to put forward reasonable identification rules for music sampling infringement in today's era with the increasing awareness of copyright among the public.This paper analyzes and compares music sampling with other similar behaviors,and aims to clarify the dilemma of the existing copyright infringement identification rules applicable to music sampling behavior in China.By considering the development process of infringement identification rules and liability exemption paths in music sampling cases in the United States and Germany,this paper provides a new idea that fair use system can be applied to music sampling cases.In view of the above analysis,when applying the substantial similarity test to music sampling,the judgment method of "ordinary audience as the main factor,and expert opinion as the auxiliary factor" should be adopted.In terms of legal regulation,the fair use system of copyright law should add the four-factor detection method and the conversion use,so that the music sampling behavior can be regulated within the scope permitted by law,so as to balance the interests of all parties and promote the steady development of the music market.