Comment on What is going on with SoundCloud?parentComments−TylerE11yEh? Mashups are "stolen music" by any reasonable definition.−Sir_Cmpwn11yNo, they clearly fall under fair use.−TylerE11yReally, under which clause?Is it for educational purposes? Using only a small portion of the original work? Is the creator deriving no commercial benefit?(PS: Fair Use is a legal defense, not a positive rights clearance).See also: Bridgeport Music Inc vs Dimension Films (https://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dime...)−Sir_Cmpwn11yIt's often at least the latter two things. Sampling is huge, though, without it we wouldn't have a lot of music. IANAL but there's clearly precedent.−TylerE11ySo people are releasing these totally anonymously? Self-promotion is very much a commercial benefit.−Sir_Cmpwn11yHah. That's taking things too far.−sbarre11yMost mashups I hear make heavy use of their component tracks, and I'm not even sure you could reasonably claim it as "sampling", much less fair use.
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Eh? Mashups are "stolen music" by any reasonable definition.
No, they clearly fall under fair use.
Really, under which clause?
Is it for educational purposes? Using only a small portion of the original work? Is the creator deriving no commercial benefit?
(PS: Fair Use is a legal defense, not a positive rights clearance).
See also: Bridgeport Music Inc vs Dimension Films (https://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dime...)
It's often at least the latter two things. Sampling is huge, though, without it we wouldn't have a lot of music. IANAL but there's clearly precedent.
So people are releasing these totally anonymously? Self-promotion is very much a commercial benefit.
Hah. That's taking things too far.
Most mashups I hear make heavy use of their component tracks, and I'm not even sure you could reasonably claim it as "sampling", much less fair use.