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Dealing with Talking Girls and Dangerous Mice: An Assessment of Mashups and their Place in Copyright in Canada

Mashups are a controversial form of music as they frequently infringe copyright in the songs they sample and these composite works are not likely to be saved by the “fair dealing” copyright exemption. Moreover, those who attempt to produce mashups legitimately by obtaining licenses to music samples encounter numerous problems, including high license fees and a complex licensing system. In light of these issues and the fact that mashups are a particularly beneficial form of music in several respects, a change to the current legal/licensing status quo would be prudent. The introduction of a compulsory licensing regime for samples would facilitate mashup creation while still protecting the interests of the underlying copyright holders, which helps strike a better balance between the copyright goals of ensuring just rewards for creators and encouraging the dissemination of creative works.

Identiferoai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/30630
Date08 December 2011
CreatorsHughes, Michael
ContributorsDrassinower, Abraham
Source SetsUniversity of Toronto
Languageen_ca
Detected LanguageEnglish
TypeThesis

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