Liability & Legality

**LoS Fallen** · 01-28-2010, 10:26 AM

I trying to figure out if its illegal to post a mix tape, recorded by a DJ, on my website for free download to help promote him. It will also have a list of the songs that are in the mix and we will not claim them as our own. Can anybody help me with this?

**chrishirst** · 01-28-2010, 11:52 AM

from - http://en.wikipedia.org/wiki/Remix

Quote:

Copyright Implications

Because remixes may borrow heavily from an existing piece of music (possibly more than one), the issue of intellectual property becomes a concern. The most important question is whether a remixer is free to redistribute his or her work, or whether the remix falls under the category of a derivative work according to (for example) United States copyright law. Of note are open questions concerning the legality of visual works, like the art form of collage, which can be plagued with licensing issues.

There are two obvious extremes with regard to derivative works. If the song is substantively dissimilar in form (for example, it might only borrow a motif which is modified, and be completely different in all other respects), then it may not necessarily be a derivative work (depending on how heavily modified the melody and chord progressions were). On the other hand, if the remixer only changes a few things (for example, the instrument and tempo), then it is clearly a derivative work and subject to the copyrights of the original work's copyright holder.

**LoS Fallen** · 01-29-2010, 11:01 PM

Thanks for the info.