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Legal implications of remixing / mashups

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  • October 18, 2011 at 3:31 pm #8652
    Kranic
    Member

    I am not a lawyer (IANAL), but…

    Outlook good, according to this article.

    According to that article:

    Youtube mash-ups or “Non-commercial User-generated content” are legal, even if the source material is copyrighted. Anyone putting a mash-up together would have to name the copyrighted artists and can mash as long as there’s no “substantial adverse effect” on sales of the original.

    In it’s current form, it’s referred to as C-11 and from what I can find out, it’s only been read in the House once.

    Generally speaking, if you just make it for fun *and not for financial gain*, you’re safe.
    If you’re releasing it for profit, they will go after you.
    Platforms like Soundcloud generally adhere to the DMCA and just take it down.

    The current Fair-dealings provision allows for research, which it could be if you wanted to know how those 2 tracks sounded together 😉

    Then again, I’m not a lawyer, so if you want a definitive answer, get legal counsel!

    October 18, 2011 at 6:10 pm #8675
    softcore
    Member

    I’ll agree with Kranic. The laws are very strict generally speaking. Theoritically you can get in trouble when using copyrighted material and a mash-up is nothing more than that…but in reality everybody gets away with mash ups when there is no money involved – see, there is no real reason for a major label/artist going after you if you made a mash up for fun – if you sell it though and cash flow into your bank account then others will want a piece of the pie. Of course nobody can admit this in public officially, and Im only stating what I see happening.

    October 22, 2011 at 4:43 am #8895
    Anonymous
    Guest

    TStef, post: 8403 wrote: Hey boyz n girlz,

    I want to start making some mash-ups and remixes and was wondering what THE LAW says about this kind of production. I’ve been reading on the subject right here on DDJT. There seem to be quite a few questions on the subject but varying and ambiguous answers. Is it really such a grey area?

    I’m from Canada btw, so I’d love some local info if possible, but US and Europe are good too – just to have an idea of what I can expect.

    Thank you kindly! 😉

    Mash-up or Bootleg is legal genre in which you can mix two or three songs and make a different track.Don’t worry its legal.The reason behind this is you are not making same song but you are creating a different song

    October 22, 2011 at 7:50 am #1001959
    softcore
    Member

    DJing123, post: 8891 wrote: Mash-up or Bootleg is legal genre in which you can mix two or three songs and make a different track.Don’t worry its legal.The reason behind this is you are not making same song but you are creating a different song

    No offense DJing123, but i think you are providing misinformation.

    October 22, 2011 at 8:21 am #8901
    Kranic
    Member

    If you want to know your legal rights and obligations:
    Get legal advice from an organisation, (free) student legal advice or lawyer who are specialised in this field.

    October 22, 2011 at 11:32 am #1001960
    Arbite
    Member

    IIRC it’s legal provided it doesn’t adversely affect the sales of the original.

    EDIT: Beaten

    October 27, 2011 at 4:34 am #9098
    Alix Elder
    Member

    My question is, if you get money from a gig using mash-ups does that count as well? You are getting paid for doing a mash-up, and although you are not selling the mash-up it’s self, could the money coming from the bar or club you mashed it up in be used against you?

    October 27, 2011 at 5:04 am #9100
    Kranic
    Member

    First off, interesting question! 😀

    As usual, I am in no form whatsoever a lawyer or even competent at law, so always get proper legal advice 🙂

    Alix Elder, post: 9094 wrote: My question is, if you get money from a gig using mash-ups does that count as well? You are getting paid for doing a mash-up, and although you are not selling the mash-up it’s self, could the money coming from the bar or club you mashed it up in be used against you?

    The first one should be covered by the club I think…because the club/bar has to pay to the local collection agency, such as ASCAP, BMI and SESAC. This usually covers all the music played in the club, including live performances, and they pay a set amount per year, performance or percentage of their revenue for using music. It’s basically the same as for live broadcasts on the radio, if you mashup 2 tracks together, they can just write up the titles.

    It gets iffy when your artist name is…say…Girltalk…and you use an average of 30+ tracks per track you make; but that’s a whole different discussion 😉

    Remember, get good and local legal advice, because this copyright and the internet and that’s where it gets reeeaaally complicated! 🙂

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