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The sampling and remix dilemma: what is the role of moral rights in the encouragement and regulation of derivative creativity

Adeney, Elizabeth 2013, The sampling and remix dilemma: what is the role of moral rights in the encouragement and regulation of derivative creativity, Deakin law review, vol. 17, no. 2, pp. 335-348.

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Title The sampling and remix dilemma: what is the role of moral rights in the encouragement and regulation of derivative creativity
Author(s) Adeney, Elizabeth
Journal name Deakin law review
Volume number 17
Issue number 2
Start page 335
End page 348
Total pages 14
Publisher Deakin University School of Law
Place of publication Burwood, Vic.
Publication date 2013
ISSN 1321-3660
Keyword(s) copyright law
moral rights
infringement
sampling
remix
music
derivative creativity
Summary The borrowing and rearrangement of musical content, especially in the digital context, raises difficult questions for copyright law. There is significant community support for a loosening of the restrictions on the derivative (and particularly creative) use of copyright material. Law reform is called for. This paper discusses the possible introduction of a new exception to copyright infringement but notes that in the drafting of any such exception not only the economic rights but also the moral rights of the originating author need to be taken into account.
Language eng
Field of Research 180115 Intellectual Property Law
Socio Economic Objective 940401 Civil Justice
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30053582

Document type: Journal Article
Collection: Law
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Created: Fri, 12 Jul 2013, 15:01:03 EST by Aysun Alpyurek

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