Article
The Grey Album: Copyright Law and Digital Sampling
Media International Australia Incorporating Culture and Policy
(2005)
Abstract
In the field of digital sampling, disk jockeys have shown a recent enthusiasm for 'mash-ups' - new compositions created by combining the rhythm tracks of one song and the vocal track of another. Most famously of all, DJ Danger Mouse remixed the vocals from Jay-Z's The Black Album and the Beatles' White Album and called his creation The Grey Album. The Grey Album poses a number of difficult issues regarding copyright law and digital sampling. Does such a 'mash-up' go beyond the de minimis use of a copyright work? Is The Grey Album protected by the defence of fair use under copyright law because it provides a transformative use of copyright works? Can such remixes be compulsorily licensed? Does a 'mash-up' raise issues concerning the moral rights of attribution and integrity, which are recognised in Europe and Australia?
Keywords
- Copyright law,
- musical works,
- sound recordings,
- digital sampling,
- mash-ups,
- de minimis use,
- defence of fair use,
- creative commons licences,
- compulsory licensing,
- moral rights of attribution and integrity,
- DJ Dangermouse,
- The Grey Album,
- Jay-Z,
- and The Beatles.
Disciplines
Publication Date
February 1, 2005
Citation Information
Matthew Rimmer. "The Grey Album: Copyright Law and Digital Sampling" Media International Australia Incorporating Culture and Policy Vol. 114 (2005) Available at: http://works.bepress.com/matthew_rimmer/16/