Re: [microsound] mix cd's pt 2

[devslashnull <dev@xxxxxxxxxxx>]

On Monday, February 2, 2004, at 02:03 PM, Kim Cascone wrote:

> ...in this way I think you could view the use of the
> tracks on this CD as 'fair usage' because none of them were presented 
> in
> whole and the CD was used to promote an emergent style of DJ'ing and
> electronic music...
>

I think if it was a commercial release that it violates the Fair Use 
provision of US Copyright law even if it never made any money. Even if 
the producer of the layered mix/recontextualization believes the tracks 
to have been rendered "unrecognizable"... it's pretty obvious that 
someone recognized it eh? Copyright law is quite explicit that the 
making of what are called "derivative works" -- works based or derived 
from another copyrighted work -- is the exclusive province of the owner 
of the original work. This is true even though the making of these new 
works is a highly creative process.