Fair Use and Copyright Strikes

A few days ago I posted about how Universal Media Group filed a takedown notice against a remix I made almost 3 years ago, resulting in SoundCloud removing it from my profile. In this post I thought I’d expand on the concept of fair use when it comes to remixing, from a legal aspect as well as my own thoughts on the matter.

But first an update on the matter. I just received another e-mail from SoundCloud, informing me that my account just received its first copyright strike:

We contacted you recently to let you know that we’d received a report of copyright infringement. Unfortunately, because you’ve been unable to show that you have the rights to post this track, we’ve had to issue a strike against your account. […] A strike is a warning. We issue a strike whenever someone makes a claim of copyright infringement against content in your account that is not successfully disputed.You have one strike, which does not affect your use of SoundCloud. If you receive a second strike, you will no longer be able to make tracks available for download. If you receive a third strike, your SoundCloud account will be terminated in accordance with our Terms of Use.

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Universal Media Group just filled a takedown notice against my remix

Some of you may know that I produce music. If you have browsed my site before, you have probably found the music section. It’s one of many hobbies, including programming, electronics, and photography. I guess I got cursed with the creative gene. Some of it is original stuff, while some is remixes of other songs. In my world, a remix is the ultimate compliment, and they usually pop into my head when I hear something catchy or interesting on the radio or the internet. In the end, I always credit the original artist, and I consider it free promotion for the artist in question.

I have been posting my remixes online for years, with the ones I feel are the best ones ending up on SoundCloud. A few days ago, I received a message from SoundCloud telling me they had received a direct copyright claim from Universal Music Group on a two year old remix I made of Rihanna’s tune “Only Girl” and had removed the song from my profile.

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