Mash-Ups and Mixes: What Impact Have the Recent Copyright Reforms Had on the Legality of Sampling?
Entertainment Law Review (Sweet & Maxwell), 2015
15 Pages Posted: 6 Jan 2017
Date Written: january 22, 2015
Considers the impact of copyright reforms and the ECJ ruling in Infopaq International A/S v Danske Dagblades Forening (C-5/08) on the legality of remixing musical works through digital sampling without the right-holders' permission. Reviews potential justifications for such sampling, including the fair dealing defence, and assesses whether sampling violates moral rights. Discusses how the music industry itself may be able to provide a solution.
Keywords: Copyright, EU law, defences, parody, quotation, sampling, moral rights, Fair dealing, Infringement, Music industry, Musical works, Originality, Substantial part
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