Am I allowed to remix and publish copyrighted content?
January 11, 2022 | 30,00 EUR | answered by Christiane Melzer
Dear lawyer,
My name is Erik Hagedorn and I run a YouTube channel where I regularly release music remixes. I have heard from a friend that there can be some legal pitfalls when it comes to remixing copyrighted content. That is why I am reaching out to you to seek clarity on this matter.
My current situation is as follows: I recently created a remix of a well-known song and uploaded it to my channel. The remix includes parts of the original song that I have altered and reassembled. My concern now is that I may be infringing on copyright by remixing and publishing copyrighted content.
I am unsure if I need a license to create and publish remixes, or if remixing is generally allowed. Additionally, I am wondering if I can use certain parts of the original song without violating the rights of the copyright owner. Are there specific rules or guidelines that I need to follow in order to legally create and publish remixes?
I would greatly appreciate your assessment and any suggestions for resolving my concern. Thank you in advance for your assistance.
Sincerely,
Erik Hagedorn
Dear Mr. Hagedorn,
Thank you for your inquiry regarding copyright in relation to music remixes on your YouTube channel. It is understandable that you are concerned about potentially infringing copyright. I am happy to provide you with a comprehensive assessment and possible solutions.
In general, remixing copyrighted content is not allowed without permission, as it could infringe on the rights of the original creator to protect their work. When creating and publishing remixes, certain rules and guidelines should be followed to avoid legal issues.
An important question is whether you need a license to create and publish remixes. Typically, it is necessary to obtain permission from the original song's creator or rights holder before remixing and publishing parts of the song. Without such a license, you could be infringing on copyright.
However, it is also possible that certain parts of the original song fall under the regulation of "sampling," where short excerpts of a copyrighted work are used for new creative purposes. In this case, you must ensure that the sampling is done within the framework of fair use and without unduly affecting the rights of the creator.
To ensure that you are legally creating and publishing remixes, I recommend familiarizing yourself with copyright regulations and, if necessary, obtaining a license. It may also be helpful to consult with a copyright lawyer to discuss your specific situation and receive personalized solutions.
I hope that my assessment helps you and enables you to avoid legal issues related to your music remixes. If you have any further questions or need legal assistance, feel free to contact me.
Best regards,
Christiane Melzer
Internet and Computer Law Attorney
