Re:What is going on with SoundCloud?
by Sir_Cmpwn on Monday August 17, 2015 @09:20AM
(#10072737)
Yes, but you can cite fair use. The problem isn't with stolen music, it's with things like mashups being taken down.
[ Parent
| on HN ]
Eh? Mashups are "stolen music" by any reasonable definition.
No, they clearly fall under fair use.
Really, under which clause?
Is it for educational purposes? Using only a small portion of the original work? Is the creator deriving no commercial benefit?
(PS: Fair Use is a legal defense, not a positive rights clearance).
See also: Bridgeport Music Inc vs Dimension Films (https://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dime...)
It's often at least the latter two things. Sampling is huge, though, without it we wouldn't have a lot of music. IANAL but there's clearly precedent.
So people are releasing these totally anonymously? Self-promotion is very much a commercial benefit.
Hah. That's taking things too far.