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Yes, but you can cite fair use. The problem isn't with stolen music, it's with things like mashups being taken down.


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.




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