News for hackers. Stuff that matters.
Re:What is going on with SoundCloud? by Sir_Cmpwn on Monday August 17, 2015 @09:39AM (#10072849)
No, they clearly fall under fair use.
Re:What is going on with SoundCloud? by TylerE on Monday August 17, 2015 @09:53AM (#10072938)
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...)

Re:What is going on with SoundCloud? by Sir_Cmpwn on Monday August 17, 2015 @09:56AM (#10072957)
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.
Re:What is going on with SoundCloud? by TylerE on Monday August 17, 2015 @09:57AM (#10072958)
So people are releasing these totally anonymously? Self-promotion is very much a commercial benefit.
Re:What is going on with SoundCloud? by Sir_Cmpwn on Monday August 17, 2015 @09:58AM (#10072963)
Hah. That's taking things too far.
Re:What is going on with SoundCloud? by sbarre on Monday August 17, 2015 @10:07AM (#10073025)
Most mashups I hear make heavy use of their component tracks, and I'm not even sure you could reasonably claim it as "sampling", much less fair use.