Legal framework of remixing: Techdirt makes the point

Remixing Is Creating And Original — It’s Not Just Derivative Copying

At the beginning of the month we were one of the first to write about the amazing Thru-You ”album” created by a DJ named Kutiman, who took individual sounds off of YouTube and mixed them into a full album. I’ve always been a believer in the concept that remixing something is a creative endeavor in its own right, but I’d never seen the point driven home quite as clearly as in this album. Not suprisingly, Kutiman has received plenty of well-deserved attention for the project, and Wired is running a great interview with him that’s well worth reading. The idea that what he’s done is almost certainly illegal and copyright infringement (he seems incredulous at the idea) should be a clear indication that something is wrong with the current copyright regime. 

But, again, there’s this false belief out there that “remixing” is simply copying. But I defy anyone to explain how taking a simple kid playing a scale on a trumpet could become integral to an entire (great) funk song. Here’s the trumpet bit: And here’s the full song: Or how about this basic trombone solo becoming such a haunting and compelling part of this dub reggae song (trombone comes in at 42 seconds). Here’s the trombone: And here’s the full song: To say that’s “copying” or even just derivative is insulting to the amazing creativity and work of Kutiman to blend all these totally separate sounds into something amazing. Just as a musician plays notes on an instrument, Kutiman used YouTube as his instrument and created something amazing and wonderful… that probably breaks a ton of copyright laws. It’s difficult to see how anyone could claim that’s not a massive problem.

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