This report provides an analysis of the cultural, policy and legal implications of ‘mash-ups’. This study provides a short history of mash-ups, explaining how the current ‘remix

culture’ builds upon a range of creative antecedents and cultural traditions, which valorised appropriation, quotation, and transformation. It provides modern examples of mash-ups, such as sound recordings, musical works, film and artistic works, focusing on works seen on You Tube and other online applications. In particular, it considers -

* Literary mash-ups of canonical texts, including Pride and Prejudice and Zombies, The Wind Done Gone, After the Rain, and 60 Years Later;

* Artistic mash-ups, highlighting the Obama Hope poster, the ‘Column’ case, and the competition for extending famous album covers;

* Geographical mash-ups, most notably, the Google Australia bushfires map;

* Musical mash-ups, such as The Grey Album and the work of Girl Talk;

* Cinematic mash-ups, including remixes of There Will Be Blood and The Downfall; and

This survey provides an analysis of why mash-up culture is valuable. It highlights the range of aesthetic, political, comic, and commercial impulses behind the creation and the dissemination of mash-ups. This report highlights the tensions between copyright law and mash-ups in particular cultural sectors.

Second, this report emphasizes the importance of civil society institutions in promoting and defending mash-ups in both copyright litigation and policy debates. It provides a study of key organisations – including:

* The Fair Use Project;

* The Organization for Transformative Works;

* Public Knowledge;

* The Electronic Frontier Foundation; and

* The Chilling Effects Clearinghouse

This report suggests that much can be learnt from this network of organisations in the United

States. There is a dearth of comparable legal clinics, advocacy groups, and creative institutions in

Australia. As a result, the public interest values of copyright law have only received weak,

incidental support from defendant companies – such as Network Ten and IceTV – with other

copyright agendas.

Third, this report canvasses a succinct model for legislative reform in respect of copyright

law and mash-ups. It highlights:

* The extent to which mash-ups are ‘tolerated uses’;

* The conflicting judicial precedents on substantiality in Australia and the United States;

* The debate over copyright exceptions relating to mash-ups and remixes;

* The use of the take-down and notice system under the safe harbours regime by copyright

owners in respect of mash-ups;

* The impact of technological protection measures on mash-ups and remixes;

* The possibility of statutory licensing in respect of mash-ups;

* The use of Creative Commons licences;

* The impact of moral rights protection upon mash-ups;

* The interaction between economic and moral rights under copyright law; and

* Questions of copyright law, freedom of expression, and political mash-ups.