Copyright Criminals: EDM Remixing and Copyright Law

abstract: A rapidly evolving technological environment has enabled the exponential expansion of creative opportunities for artists. Major developments in the digital landscape have impacted the world of music creation, namely the unprecedented rise of the remix. However, copyright laws have failed to keep up with the new ways in which musicians are interacting with technology. Although the last amendments to the Copyright Act were made well before the digital age, the same laws from 1976 still govern the digital activities of today. This leaves forty years of technological developments largely unaccounted for, including the advancements that have led to the emergence of the remix. This paper will first address the value of remixing in the advancement of the Electronic Dance Music genre by outlining the history of sampling and remixing, and will discuss the existing copyright doctrine and the various issues that have arisen within copyright law. It will then seek to develop potential solutions that strike a fair and equitable balance between the owners of intellectual property and the ever-increasing universe of homegrown creative artists. The days where remix artists are per se ‘copyright criminals’ should be numbered, for the greater good of all participants in the rapidly expanding worldwide web of music, musicians and music lovers, whether they be consumers, creators or recreators