重混创作合理使用与中介许可的衔接机制研究

Research on the Fair Use and Intermediary Licensing Mechanism of Remix

摘要: 数字时代的来临使得重混创作成为现代文化创作的重要表现形式，普罗大众成为了重混创作者，“用户创造内容”初现峥嵘。但以拼合他人作品进行再创作为特点的重混创作带来了著作权归属与侵权争议，而交易成本的高昂则为重混创作的发展设置了障碍。通过对重混创作同著作权制度的厘清，明确其不同于汇编、演绎。而其著作权难题适宜以合理使用制度的改善同中介许可的衔接机制解决，其中，将转换性使用纳入合理使用范畴，并与借鉴的Youtube的中介许可制度相结合，设置一套以合理使用为主导机制，同中介许可为辅的相关机制，解决重混创作版权争议问题，促进重混创作、用户创作内容的繁荣发展。

Abstract: With the advent of the digital age, remixing has become an im-portant form of modern cultural creation, and the general public has become the creators of remix-es, and “user-created content” has emerged. However, remixing, which is characterized by combin-ing other people’s works for re-creation, has brought about disputes over copyright ownership and infringement, while high transaction costs have set obstacles to the development of remixing. By clarifying the copyright system of remixed works, it is clear that they are different from compilation and deduction. In addition, it is appropriate to solve the copyright problem by improving the fair use system and the intermediary license mechanism, in which the conversion use is included in the fair use category, and combined with the intermediary license system of Youtube, a set of relevant mechanisms with fair use as the leading mechanism and intermediary license as a supplement is set up to solve the copyright dispute problem of remixed creations and promote the prosperity of remixed creations and user-created contents.