The Age of Remix and Copyright Law Reform

Law, Innovation and Technology, 12.1, Forthcoming

University of Hong Kong Faculty of Law Research Paper No. 2019/006

34 Pages Posted: 27 Jan 2019 Last revised: 18 Apr 2019

See all articles by Yahong Li

Yahong Li

The University of Hong Kong - Faculty of Law

Date Written: January 16, 2019

Abstract

The remix has emerged as a dominant force of creation in the digital and Internet age. The solutions under the current copyright law such as fair use as well as voluntary, compulsory and public licensing have failed to adequately protect remix works and remixers, and as a result, hampered the creativity of remix artists. New approaches are needed to cope with the challenges. This article proposes to add remix as a protectable subject matter; create a right to remix and grant it to remixers; obligate remixers to attribute source works to copyright holders and remunerate them for remixing; require the same remix rights and obligations to be passed on to future remixers; and impose a statutory levy on social media for using remixes. It is argued that the proposed approach can better protect remix creation and help achieve an optimal balance of interests between copyright holders, social media and users.

Keywords: remix, copyright, fair use, compulsory license, blockchain

JEL Classification: K39

Suggested Citation

Li, Yahong, The Age of Remix and Copyright Law Reform (January 16, 2019). Law, Innovation and Technology, 12.1, Forthcoming ; University of Hong Kong Faculty of Law Research Paper No. 2019/006. Available at SSRN: https://ssrn.com/abstract=3316523

Yahong Li (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01260

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