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.

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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.

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ID Code: 3687
Item Type: Journal Article
Refereed: Yes
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 00:00
Last Modified: 22 Jun 2017 14:39

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