Provided you are covered by APRA and PPCA licences for DJing at a “public” event, it is unlikely that you will need any special permissions to do a live mix or mash-up.

In some cases you might need to consider moral rights issues. For example, in some cases it may be feasible to announce the songwriters of the material you are using. However, it is difficult to comment on whether a mix might infringe a composer’s “right of integrity”. To succeed in such an action, a composer would need to show that his or her reputation or honour as a composer has been damaged or prejudiced as a result of the mix. This may in many cases be difficult to do.

Back to top | Permalink

Even a very short sample from a piece of music will almost invariably be a “substantial part” of the music. A sample could also contain a “substantial part” of lyrics and of the sound recording. If so, you will need permission from the relevant copyright owner(s).

It is less clear whether or not a sample of dialogue or speech from a source such as a TV program or a film will be a “substantial part” of the relevant script or speech. In every case, the legal question is whether or not the part is an important, distinctive or essential part of the material from which it is taken.

Because this can be such a grey area, we understand that it is industry practice to clear all samples (for example, with both the relevant music publisher and the record company, if the sample is music). This avoids any arguments down the track as to whether or not you have infringed copyright.

Back to top | Permalink

If you have bought a CD or vinyl from a sound, sample or loop library company, you will usually have a wide licence to use the samples or loops, both live and in recordings, without having to contact the copyright owner. You should check the licence agreement (it is often set out on the packaging or in an accompanying document): generally, look to see if it says that use of the material is “copyright free” or “royalty free”, and that no particular restrictions are specified.

However, take care that the person putting out the compilation is able to give a copyright clearance. There are compilations of samples, sounds and loops which have not been cleared by the copyright owner. The online encyclopedia Wikipedia makes the following comments in relation to “battle records”:

[these] are vinyl records made up of brief samples from songs, film dialogue, sound effects, and drum loops for use by a DJ … Often, the samples featured on these records do not have the blessing of the original copyright holders …

If you use samples from such a disc, you will probably infringe copyright even if you don’t mean to.

Back to top | Permalink

In some cases, a mix or remix could be considered a separate “musical work” and therefore, if you have recorded the mix or remix, it will be protected by copyright—this would be separate from the copyrights in the material used for the mix. Generally, you will own copyright in the new work. However, you will also generally need permission from the owners of copyright in any “underlying” pieces of music and recordings.

Someone rapping over a mix or remix will generally own copyright in their rap, but a freestyle rap will only be protected by copyright if it is recorded in some way—for example, if it is written out or taped.

A publisher that gives you permission to remix a piece or put out a rap version of a song they publish may require you to assign copyright in what you have created to it: this is generally the case also with arrangements of pieces of music.

(Note again that we are not referring to the sort of mixing done by record producers or audio engineers when they are mixing a sound recording.)

Back to top | Permalink

For recordings, copyright is created at the same time as you make the recording.

For things like mixes and remixes (and any rapping over the top) you need to have your work in “material form” for it to be protected. This means, for example, that you need to write out or type up your material, or record it in some way (for example, onto tape, film or CDR, or into a device like an iPod). This also means that what you create during a jam session, or as a live mix or freestyle rap, won’t be protected until or unless you record it in some way.

However, once your work is in “material form”, it is protected by copyright. This protection is automatic and free; there is no registration system in Australia that you have to follow to protect your material by copyright.

If you’re worried about other people claiming they have created something that you created, record your material and keep any drafts.

(Again, we are referring here to mixes or remixes created by those DJs who are essentially composing new pieces of music through mixing recorded sounds, sometimes together with scratches, raps or other additional elements.)

Back to top | Permalink

You will generally need permission from the relevant copyright owners—usually record companies and music publishers—if you want to record a mix using material other than licensed loops.

Unlike bands doing cover versions, DJs can’t get a blanket licence for samples or mash-ups. For permissions, you’ll need to contact copyright owners (record companies and music publishers) directly.

Back to top | Permalink