Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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As you probably read the key to legalizing a mash-up is to have it fall under the Fair Use doctrine which to some extent protects first amendment rights. When reviewing a fair use defense claims to an allegation of a mashup copyright infringement, courts generally consider how “transformative” the mashup work is, the substantiality of the portion of copyrighted material used, the effect on the market for the original work, whether the work is commercial or not.
The most important factor is that of transformative. Your claim that your mashup work is transformative would depend on how the end result is different from the original? Did the mashup create an entirely new context for the original works?
It would also help if you are not using a substantial portion of the original copyrighted work, that your work is not commercial and that your work may have a societal statement
So to answer your question mashups are technically considered copyright infringements unless you can demonstrate that your mashup falls under the fair use doctrine (as per the above factors). There have been cases of mashup artists being sued but typically those involved the commercial distribution of the mashup.
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Thank you for your answer
You said that the most important thing is originality. but I think it is very subjective idea. Fair use state that if the song is recognizable, it considered as infringiment.
is there any objective way of judging mash-up music?
and also , lastly, what do you think about DJ Earworm's case? http://www.youtube.com/user/djearworm
are we allow to sue him?
in most instances copyright law does NOT have bright line rules. You noted correctly that for the most part it is subjective and not objective. At the end of the day the one who determines what is infringing or not is a judge / jury (in the unlikely event that such matters can lead to a court case)
also my apologies but under the terms of service I am not allowed to comment on any specific cases since this chat is public and not subject to attorney client privilege
by the way the standard is transformative not originality. Originality is a factor you can use to evaluate of the the new worjk is transformative
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okay thank you :)
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