The Legal Rundown of a Remix

The Legal Rundown of a Remix

So how can musicians make sure they’re not breaking the law with their remix of another artist’s song?

DJs and other artists often remix preexisting music, taking advantage of the popularity and structure of previously recorded songs to create something new, though typically derivative. Taking someone else’s work and using it for one’s own artistic gain is, as previously mentioned, an iffy proposition, but is popular among musicians of a certain variety.

Permission the best defense

The best way to ensure that it is legally OK when it comes to remixing another artist’s work is to simply ask permission from the owner of the master. This offers musicians the best route to avoid legal trouble, though it is smart to retain copies of all communications just in case. However, sometimes the owner will deny permission, which is one reason why some artists choose to remix music without permission.

Technically, the practice of remixing a song without permission is a copyright violation. However, artists can choose to cite fair use. This means that the remix is not derivative of the original work, but instead builds on it to create something new and original, Spin Academy explained. There is no way of knowing exactly how a court will rule in these cases though, which means musicians who use this argument to defend their remixes are taking a chance.

Obtaining Licenses to Make a Remix (Updated – Section Added 3/14/2023)

If you want to commercially exploit your remix, you will need to obtain copyright permission from several rights holders, such as the songwriter, publisher, record company, and original artist who recorded the song. As discussed in greater detail here, each sound recording has two different copyrights attached, and each copyright may have a different owner (the copyright owner of the musical composition and the copyright owner of the specific recording you’re using).

Streaming platforms like Spotify, SoundCloud, and Apple Music generally provide artist details that can help you track down performers and their record labels. A great source of information for songwriters/publishers is the ASCAP ACE Database. Once you have identified the appropriate rights holders, you will need to contact them to obtain a license. Most rights holders will want to know how you plan to use the recording and how it may benefit them, so be prepared to make a “pitch.”

The terms of licensing agreements for remixes will vary and are certainly up for negotiation. In many cases, the original artist will want to own the copyright of the remix master as well as the original. In terms of royalties, common options include a flat fee arrangement or royalty sharing agreement. When licensing music to use in a remix, it is imperative to thoroughly review the agreement and understand how its terms may impact your intellectual property rights. Given that mistakes can be costly, consulting with an experienced copyright attorney is usually a good idea.

Earlier this year, a DJ named Arty lost a copyright infringement lawsuit alleging that Marshmellow’s 2018 hit “Happier” borrowed material from his 2014 remix of OneRepublic’s “I Lived.” The Ninth Circuit Court of Appeals ruled that because Arty’s licensing agreement with Interscope expressly stated that he would own no copyright to the remix, he could not bring a suit for copyright infringement.

Live sets also raise issues

Another issue that may arise for DJs who specialize in remixes is playing their songs live at clubs or bars. A license for performance rights is typically required, according to FindLaw. However, musicians are not usually expected to pay for these permits – that is the responsibility of the venue. DJs should check up on performance rights at bars or clubs before they perform, to avoid any sort of legal situation regarding their sets.

Key Takeaway

For DJs and producers, putting a new spin on a classic song can be extremely lucrative. However, if you fail to obtain the proper licenses, you could risk losing all of your profits to a copyright infringement suit.

The attorneys of Scarinci Hollenbeck’s Intellectual Property Group have decades of combined experience representing artists, songwriters, composers, publishers, record labels, and other key players in the music industry. We encourage you to take advantage of our vast legal knowledge and industry insight to both protect and advance your interests.