Law Commons^™

Mash-Up Culture: Reconciling Art, Commerce And The Law, Trevor Kiviat

Honors Capstone Projects - All

The proliferation of “sampling” in recorded music and live performances has amplified the level of appropriation and cultural borrowing that exists in the music industry. Artists, music companies and stakeholders on every level from independent to mainstream have been affected by this trend. In addition to catalyzing innovation and inspiring new forms of expression, these creative works, broadly referred to as “mash-ups”, have also been the subject of heated legal debates related to claims of copyright infringement in the last 20 years. This study discusses the essential issues surrounding the musical practice of “sampling” audio recordings, including the issues of …