Have you ever wondered whether it’s allowed to “steal” a section of another music for a mashup? We’ve broken it down for you.
What you’ll discover:
What exactly is a copyright?
What is the problem with mashups?
Is fair use applicable to mashups?
Why do certain artists like mashups?
Artists use prudence.
The usage of mashups and sampling in music has raised several concerns about copyright rights. If you’re a musician, you may wish to safeguard your work from unauthorized usage. On the other side, if you’re a mashup artist, you want to avoid being sued for copyright violation. Nothing is simple in this area of the law as it changes. Here’s a primer on copyright, fair use, and how mashup artists have dealt with this delicate topic.
What exactly is a copyright?
A copyright is legal protection granted to the creators of creative works such as music, paintings, and books. Copyright holders get some exclusive rights to their works and have the ability to restrict others from utilizing their works in certain circumstances.
What is the problem with mashups?
At first glance, mashups seem to be the epitome of copyright violation, but the issue isn’t nearly that simple. A mashup is a kind of music that incorporates bits or samples from other artists’ songs. A court judgement in the case of Bridgeport v. Dimension in 2005 stated that mashup artists may be found guilty of copyright infringement even if they utilize a one-second sample of music. This means that mashups and samplings aren’t protected by fair use, although maship artists may still defend their compositions.
Is fair use applicable to mashups?
The fair use concept was created to safeguard the first amendment right to free speech for works considered useful to society. For example, fair use has often been claimed to protect parodies. When deciding whether or whether works are protected by fair use, courts must evaluate how samples are used and how much they are utilized. Judges also evaluate how a parody or transformative composition affects the original artist’s market share.
Mashup artists who seek fair use protection for their works may find their works protected, depending on how much the original work is transformed. Mashup artists often splice samples together, alter pitch and tempo, and remix the original piece. Although the samples are intended to be recognized, mashup artists often strive to create enough variation between the components so the resultant composition has aesthetic value of its own.
Combining samples from other songs to create a new song might also be considered critical commentary. Mashups might be considered a form of free speech protected by fair usage in this scenario. Yet, most mashup artists are aware that the original artist may criticize their work at any moment.
Why do certain artists like mashups?
Interestingly, mashups do not endanger all artists. David Bowie collaborated with a German automobile manufacturer in 2004 to organize a contest to see which fan could produce the greatest mashup using a sample of two of Bowie’s songs. The victor received a brand new sports automobile, while Bowie kept the song rights.
It seemed to be a win-win scenario, but many mashup artists felt intimidated by this commercial enterprise. Several believed that the move was a sign of the times, foreshadowing future crackdowns on their music. Given the unfavorable verdict in Bridgeport v. Dimension only one year later in 2005, they may have been correct.
Artists use prudence.
There is no obvious technique to prevent copyright infringement as a mashup artist, but you may learn from the strategies of other mashup artists. People experiment with mashups on P2P networks without licensing the material. If the mashup is favorably welcomed by the underground community, they secure a license and legally distribute it. Some artists, such as Danger Mouse, have made copies of their music available to listeners for free on regular, unmarked CDs.
Girl Talk, another mashup artist, has achieved success in the business by providing free music in exchange for contributions and paid performances. This musician has not yet been sued by a record company, but he is aware that this is a possibility and has already made his case to the public. It is unclear if record companies are failing to prosecute the musician because of his fame, or because they believe the artist is not infringing on numerous particular works.
There are presently no court rulings providing guidance on mashups, and no clear legal standards for establishing whether a non-parodic work is permissible under fair use. Until then, mashup artists must be mindful that their work may be called into question at any moment. Get an intellectual property lawyer to assist you if you have legal problems concerning fair use and mashups.
