Mashups: the legal issues
This guide is based on UK law. It was created in February
2007.
On the web, a mashup is a website or
application that uses content from more than one source to create a
completely new service. They are possible as a result of simple
Application Programming Interfaces, or APIs, from sources like
Google, Amazon.com and Windows Live. An example is dartmaps, a site that shows the
real-time locations of trains in Dublin. It works by scraping the
real-time suburban rail data from IrishRail.ie, writing it to XML,
then plotting it onto Google Maps, with the help of the city's
routes and stations data file. As you view the site, you see the
movement of each train.
Mashups should not be created without
permission from the sources otherwise there is likely to be an
infringement of copyright and/or an infringement of database
regulations. Most licences from sites that make APIs available will
state that data used in mashups cannot be used for commercial
purposes.
Music and video mashups are also popular,
remixing material usually without permission from the copyright
owners. Like web mashups, this is unlikely to fall within fair
dealing exceptions – and therefore will amount to infringement.