"Highly transformative"

[tamaranth]

I suspect there's a legal / technical definition of the phrase "highly transformative", used by the court that overturned the ruling preventing Google from displaying copies of images as part of search results. (BBC News)

It's a resonant phrase, though, and I wonder if it could be applied to various forms of remix -- mash-ups, fan-fiction, collages, derivative artwork.

So ... your starter for ten. Are mashups legal? Why? Why not?

Points will be added for consideration of the following:
- cover version of original
- length of sample (just one note?)
- transformation of sample (speeded up, slowed down, morphed)
- age of sample (is sampling an out-of-copyright classical recording better than sampling J-Lo?)
- type of sample (a George W Bush pontification, a TV theme tune, a Green Day track, a Dalek voice ...)

And here's some background music: 2. Axel- Control Myself After Midnight (LL Cool J & J. Lo vs Judas Priest). I know, I know: but it's fun.

Comments

[lamentables.livejournal.com]

Your icon is having a highly transformative effect on me: it's making me feel seasick.

[major-clanger.livejournal.com]

Um... er... I think I know just enough about this area to say that I don't quite know where to start! You really are asking for the sort of essay I'll probably be set as part of my forthcoming LLM, which features entire courses on this sort of thing. But yes, it is an immensely interesting and topical question; I've just found an interesting article (http://www.cr-law.co.uk/articles/viewarticle.asp?articleid=1798) (well, to me :-) ) that looks at how English law views some of these issues.

[major-clanger.livejournal.com]

You know, I need an add-on that checks comments to see if I use the word 'interesting' twice in the same sentence. Because it's probably a good sign that my comment isn't.

[reddragdiva]

Whatever the answer is, it will have a phrase tacked on the end "- that is, if you have Google's money."