in Susy Frankel (ed.), Is Intellectual Property Pluralism Functional? (Edward Elgar, 2019) 288-309
Abstract: Digital and Internet technologies have fostered the culture of remix. From literature, arts to music, remix has become a dominant force of creation. However, the legal status of remix remains obscure, akin to that of an illegitimate child who has a prominent existence but no clear legal right, to be caught between copyright holders and social media, being sued by the former and exploited by the latter. The existing fair use regime including the Canadian model of UGC exception has failed to provide a remedy due to its uncertainty and defensive nature. So have voluntary licensing schemes. Copyright law should be reformed to protect remix and to grant a positive right of remix to remixers, while obligating them to pay attribution and remuneration to copyright holders of the source materials, and to grant the same right to future remixers so that the societal creativity can be unleashed through more remixes.