Copyright law doesn't usually attract much attention from the college crowd, until it threatens their quality of life. There has been much controversy recently about whether musical artists who create mash-ups - new works that borrow samples from a number of sources - are in violation of fair use policy. Fair use is defined in Section 107 of U.S. copyright law as copyrighted materials may be used for fair criticism, comment, teaching, scholarship and research.
The central question is whether the creation of the mashed up new work will affect the market for the original work. In the case of mash-ups like Danger Mouse's "The Grey Album" or those created by Girl Talk, the answer must be a resounding no. These artists should be allowed to continue sampling and recording, because they create works that blaze new musical territory and bear little resemblance to the original works.
The value inherent in these works is not the value created by the original. In many cases, a new listener is attracted, one that appreciates the amalgamated work. The law should not be used to inhibit the creation of these new ideas or markets.
It's often bands that complain about their works being mashed-up, but too often they overlook the possible benefits of having other artists promote their original works. The songs that these mash-up artists sample often increase dramatically in popularity.
Ultimately, the government must uphold the right of artists and the media to comment, critique and question the works of others, for the broader preservation of a free and diverse society. The question can quickly become one of censorship - where exactly is the line when it comes to using others' ideas to artistically express a point? One thing is unequivocally clear - mash-ups are not a problem.
