The use of mashups and sampling in music has created many questions when it comes to copyright protections. As this area of the law evolves, nothing is straightforward. A copyright is a legal protection given to authors of original works, like songs, paintings, and novels.
Copyright owners get certain exclusive rights to their works, and can also limit others from using their works in certain cases. A mashup is a style of music that contains elements or samples from songs created by other artists. In , a court decision regarding the case of Bridgeport v. Dimension determined that it is possible for mashup artists to be guilty of copyright infringement even if a one second sample of music is used.
Fair use doctrine was designed as a way to protect the first amendment right to freedom of expression for works deemed valuable to society.
For example, fair use has been used regularly to shield parodies. Courts that review cases involving fair use must consider how samples are used and how much they are used when determining if the works are protected by it.
Courts also consider the effect a parody or transformative piece has on the market share for the original artist. Mashup artists who seek protection under fair use may find their works protected, depending on how much it transforms the original work. Mashup artists usually splice up samples, edit pitch and tempo, and mix up the original work. While the samples are meant to be recognizable, mashup artists typically aim to create enough of a difference between the pieces so that the new work has artistic merits of its own.
Using samples of different songs to create a new song could also be a form of critical commentary. In this case, Mashups could be considered a form of free expression protected under fair use. Still, most mashup artists are aware that their work could be questioned at any time by the original artist.
Surprisingly, not all artists are threatened by mashups. The winner was offered a brand new sports car, and Bowie retained the rights to the music. It seemed like a win-win situation, but many mashup artists felt like their art was threatened by this commercial venture. You can monetize royalty-free or Creative Commons content if the license agreement grants you rights to use it commercially. Sometimes rights owners require you to credit the creator of the content or give proof of purchase to use it in your video for commercial purposes.
Some artists, like Myon and Shane 54, specialize in creating bootleg mashups. Helpful tips. Are YouTube mashups legal? Is it OK for a pop artist to make a mash up? Can I remix music and put it on YouTube without getting sued? Can you make money off of mashups?
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