Exploring the Legal Status of Mashup Music in Ethiopia: A Critical and Comparative Analysis

Advisor: Nurilign M. Gurmessa (LL. B, LL. M) This thesis explores the legal status of mashup music in Ethiopia through a critical and comparative analysis. Mashup music, a genre that combines elements from two or more existing songs, has gained significant popularity in recent years, raising complex copyright-related questions. The study investigates the applicability of Ethiopia's copyright and neighboring rights laws to this emerging musical form. The research methodology employed a doctrinal approach, analyzing relevant Ethiopian laws, international treaties, and scholarly literature. A comparative analysis was conducted to examine the legal treatment of mashups in other jurisdictions, such as the United States and the European Union. The study finds that the existing Ethiopian copyright framework does not adequately address the legal status of mashup music. While mashups may be considered derivative works, the criteria for determining fair use and transformative use are ambiguous, leading to legal uncertainty. The thesis also highlights the challenges in balancing the rights of original copyright holders and the creative expression of mashup artists. The findings suggest that the Ethiopian government should consider legislative reforms to provide clear guidelines on the permissibility of mashup music, striking a balance between the interests of copyright holders and the promotion of artistic innovation. Recommendations include the introduction of a fair use exception for transformative works, as well as the establishment of a licensing scheme that facilitates the lawful creation and distribution of mashup music. The implications of this study extend beyond the music industry, as it contributes to the ongoing discourse on the intersection of intellectual property rights and emerging digital art forms. The proposed reforms could serve as a model for other jurisdictions facing similar challenges in adapting their copyright laws to the evolving creative landscape. Key words: Mashup music, copyright law, Ethiopia, transformative works, creative expression.

Publication Details

Journal
National Academic Digital Repository of Ethiopia
Published
2024-08-15
DOI
https://doi.org/10.20372/nadre:16582
Primary Topic
Fern and Epiphyte Biology
Type
article
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article

Exploring the Legal Status of Mashup Music in Ethiopia: A Critical and Comparative Analysis

National Academic Digital Repository of Ethiopia
Fern and Epiphyte Biology
article

Exploring the Legal Status of Mashup Music in Ethiopia: A Critical and Comparative Analysis

article en

Abstract

Advisor: Nurilign M. Gurmessa (LL. B, LL. M) This thesis explores the legal status of mashup music in Ethiopia through a critical and comparative analysis. Mashup music, a genre that combines elements from two or more existing songs, has gained significant popularity in recent years, raising complex copyright-related questions. The study investigates the applicability of Ethiopia's copyright and neighboring rights laws to this emerging musical form. The research methodology employed a doctrinal approach, analyzing relevant Ethiopian laws, international treaties, and scholarly literature. A comparative analysis was conducted to examine the legal treatment of mashups in other jurisdictions, such as the United States and the European Union. The study finds that the existing Ethiopian copyright framework does not adequately address the legal status of mashup music. While mashups may be considered derivative works, the criteria for determining fair use and transformative use are ambiguous, leading to legal uncertainty. The thesis also highlights the challenges in balancing the rights of original copyright holders and the creative expression of mashup artists. The findings suggest that the Ethiopian government should consider legislative reforms to provide clear guidelines on the permissibility of mashup music, striking a balance between the interests of copyright holders and the promotion of artistic innovation. Recommendations include the introduction of a fair use exception for transformative works, as well as the establishment of a licensing scheme that facilitates the lawful creation and distribution of mashup music. The implications of this study extend beyond the music industry, as it contributes to the ongoing discourse on the intersection of intellectual property rights and emerging digital art forms. The proposed reforms could serve as a model for other jurisdictions facing similar challenges in adapting their copyright laws to the evolving creative landscape. Key words: Mashup music, copyright law, Ethiopia, transformative works, creative expression.

National Academic Digital Repository of Ethiopia
Openalex Percentile: Top 56%
Fern and Epiphyte Biology
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