I have written about “literary fan art” (check out my NYU law review article here), arguing that such forms of fan art are fair uses, but what about musical fan art (like the Japanese version of the song “Say So,” which I can’t get out of my head!)? Music industry suits (or as my friend and colleague Brian Frye would call them, “landlords”) would like us to believe that sampling and other unauthorized performances of copyrighted songs is illegal under copyright law, but the landlords/suits are wrong. As my friend and colleague Mike Schuster has shown, such practices expand the market for the original song. More details about the Japanese version of the song “Say So”–and Doja Cat’s priceless reaction when she heard it for the first time–are available here.


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