QUT ePrints

Digital sampling and culture jamming in a remix world: what does the law allow?

Fitzgerald, Brian F. & O'Brien, Damien S. (2005) Digital sampling and culture jamming in a remix world: what does the law allow? Media and Arts Law Review, 10(4), pp. 279-298.

View at publisher

Abstract

This article looks at the way in which intellectual property law in particular copyright and trademark law deals with the "free culture" practices of digital sampling and culture jamming. It considers the recent US case on digital sampling, Bridgeport Music Inc v Dimension Films Inc, and its relevance to Australian law, along with the critical issues of ‘substantial part’, moral rights and fair dealing. This analysis is applied to a short case study of MP3 Blogs. In relation to culture jamming the article considers the legality of using trademarks as part of social commentary under Australian, Canadian and US trademark law. The article explores the way in which Creative Commons licences and the current "Fair Use Review" by the Commonwealth Attorney General can solve some of the existing problems and enhance participation in our ever growing remix culture. The article concludes by calling for greater clarity in the law in relation to the "free culture" practices of sampling and culture jamming in order to sponsor social and creative innovation.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

2,584 since deposited on 09 Mar 2006
426 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 3687
Item Type: Journal Article
Keywords: digital sampling, music sampling, culture jamming, remix culture, music law, mp3 blogs, music and copyright law
ISSN: 1325-1570
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2005 (Please consult author)
Deposited On: 09 Mar 2006
Last Modified: 29 Feb 2012 23:15

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page