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Fair Use Doctrine In The Art And Music Industry (Term Paper Sample)


The importance of academic integrity cannot be overemphasized. Scholarship involves a clear understanding of student honesty and responsibility. More importantly, all of you will be pursuing a professional career after your studies, and in every walk of life, law- 3 abiding and honest citizens are a societal expectation. The consequences of dishonest activity, in academia or any other profession (including the arts and music), can ruin a career and quite possibly a life. In the requirements section of the syllabus you will find in Item 6 that a 1000-word paper is required for this course. During Week 11 we will be covering copyright questions and in particular the idea of “Fair Use”. This is an extremely important issue in the field of electronic music, especially due to the popularity of mashups, remixes, and sampling, which all use “sampling” techniques that have only been possible since the advent of sound recording. While the first use of a sound recording in a piece of music can be dated to Respighi's use of a recording of a nightingale in 1924 in his orchestral suite “Pines of Rome”, these techniques began to be used more extensively by artists beginning with “musique concrete” in the late 1940s in Paris. A good example from the 1960s by James Tenney, that we have termed a “proto-mashup”, uses a commercial recording of a song by Elvis Presley. You should begin to find online statements about academic integrity published by the University at Buffalo, American Historical Association, and Organization of American Historians.

Make every effort to incorporate these statements into your paper, by asking: is this information pertinent to the idea of artistic freedom of expression and the “Fair Use” of copyrighted materials in the context of artistic creation? You should briefly discuss at least one legal case about music regarding “Fair Use”, based on information you find online or elsewhere. Give your own opinion on what you think the rights of copyright owners should be, and what you think the rights of artists should be. Also, give your opinion on whether you think the “Fair Use” document is useful and informative enough to allow both sides of the debate to argue successfully their point of view. Make sure to pay particular attention to the “rapidly evolving digital world” in your response. For instance, should Fair Use be viewed differently for online information as opposed to other kinds of information? Keep in mind that the documentary film we will watch, entitled: “RIP _ A Remix Manifesto” presents a strong position on the issue of Fair Use. Make sure to address the position of the film, and present your own opinion as to whether you agree or disagree (or partially agree/disagree) with this position. Support all your opinions with clear arguments.


Student Name
Fair Use Doctrine in the Art and Music Industry
The society expects all people to abide by the laws and to practice honesty in all aspects of life including academic and professional careers. The arts and music industry especially put a lot of emphasis on the honesty aspect so as to ensure the production of quality material and also to prevent the duplication of stuff already done. The industry has been able to achieve and maintain the standards required through strict licensing rules and procedures such as copyrights and patents which provide legal rights to the initiator of the original material exclusive ownership for the material usage and distribution. The digital age, however has been at the center of creating great developments in sound recording techniques that include mashups, sampling and remixes and which all infringe on the owners right to his/her original material. These rapid technological developments that have given rise to digital and electronic music, for example, have as a result necessitated further enactments of the licensing laws in the United States. The fair use doctrine is one such attempt by the US government to protect the artistic creations. The term paper therefore intends to examine the fair use doctrine, highlight at least one legal case regarding it, and identify the rights of the artists and copyright owners and in all paying particular attention to the rapidly evolving digital world.
Understanding the Fair Use Doctrine
Reddy mentions the fair use doctrine as “the law of the United States that permits limited use of copyrighted material without having first to acquire permission from the copyright holder” (Reddy 29). The doctrine is one of the major limitations to copyright that is aimed to fuse the public interests with those of the copyright holders. The duplication of the copyrighted materials is deemed fair and not an infringement if done for transformative and limited purposes such as criticism, teaching, scholarship and news reporting. The law was enacted as an effect of the evolving digital world where there has been a revolution of electronic music which has made its accessibility and transference very easy and fast. It is quite common nowadays to find a new music album released in the US being listened to by some kids in Malaysia barely minutes later and through the internet they are able to download and make copies of it. The mashups and remixes have also attributed to the dilution of the music industry where the original version of a song is twisted into various forms with the slight incorporation of different beats. These sound recording techniques have been used since the early twentieth century with the earliest being the recording of the nightingale orchestra. It however, picked up significantly between the 1940's and 1960's where there was a revolution in the music scene. A good example in the 1960's is the proto mashup by James Tenney using a commercial recording of an Elvis Presley song.
The fair use doctrine is governed by four factors which also create a clear distinction between that which is fair and an infringement. Reddy in the article also identifies the four factors as:
* “The nature of the copyrighted work.
* The purpose and character of the use, inc

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