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  

Sabine Jacques

University of East Anglia (UEA)/CCP/CREATe

Date Written: january 22, 2015

Abstract

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

Suggested Citation

Jacques, Sabine, Mash-Ups and Mixes: What Impact Have the Recent Copyright Reforms Had on the Legality of Sampling? (january 22, 2015). Entertainment Law Review (Sweet & Maxwell), 2015. Available at SSRN: https://ssrn.com/abstract=2893261 or http://dx.doi.org/10.2139/ssrn.2893261

Sabine Jacques (Contact Author)

University of East Anglia (UEA)/CCP/CREATe ( email )

Norwich Research Park
Norwich, Norfolk NR4 7TJ
United Kingdom

HOME PAGE: http://https://www.uea.ac.uk/law/people/profile/sabine-jacques

Paper statistics

Downloads
22
Abstract Views
105