Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
Hello, I will be assisting you.
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.
Thank you for allowing me to assist you
Please rate my service. Without your rating I do not get compensated for my work.
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
Please rate my service so I can log off. Simply press the rate button
Thank you for your patronage!
okay thank you :)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).