To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Mrs Jello, LLC (trademark@winthrop.com)
`
`U.S. TRADEMARK APPLICATION NO. 85500235 - MASHUP - 15847.1
`
`9/6/2012 3:52:10 PM
`
`ECOM117@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
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`Attachment - 24
`Attachment - 25
`Attachment - 26
`Attachment - 27
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`      APPLICATION SERIAL NO.        
`     MARK: MASHUP              
`
`85500235
`
`    CORRESPONDENT ADDRESS:
`         
`
`*85500235*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`trademark@winthrop.com
`
`BRADLEY J. WALZ              
`WINTHROP & WEINSTINE, P.A.                  
`MINNEAPOLIS, MN 55402-4601                   
`
`225 S 6TH ST
`
`         
`
`       APPLICANT:         
`  Mrs Jello, LLC                   CORRESPONDENT’S REFERENCE/DOCKET NO :           
`  
`15847.1            CORRESPONDENT E-MAIL ADDRESS:           
`
` 
` 
`

`

`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE
`RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`ISSUE/MAILING DATE: 9/6/2012
`
`This Office action is in response to applicant’s communication filed on August 15, 2012.   The amendment of the identification of services is
`acceptable and the requirement has been satisfied.  Upon further review, the following issue is noted.
`
`SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE
`
`Registration is refused because the applied-for mark merely describes a characteristic of applicant’s goods and/or services.   Trademark Act
`Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
`
` A
`
` mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods and/or
`services.  TMEP §1209.01(b); see In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820
`
`F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987).  
`
`The applicant applied to register MASHUP for “Storage of electronic media, namely, audio files, video files, and images.”   The definition of the
`term “mashup” is “a piece of recorded or live music in which a producer or DJ blends together two or more tracks, often of contrasting genres”
`and refers to “multiple sources or a Web site that combines content and/or scripts from multiple sources is said to be a mashup. The term
`became popular in the 2005 time frame.”   See attachments.
`
`The determination of whether a mark is merely descriptive is considered in relation to the identified goods and/or services, not in the abstract. 
`In re Abcor Dev. Corp., 588 F.2d 811, 814, 200 USPQ 215, 218 (C.C.P.A. 1978); TMEP §1209.01(b); see, e.g., In re Polo Int’l Inc. , 51 USPQ2d
`1061 (TTAB 1999) (finding DOC in DOC-CONTROL would be understood to refer to the “documents” managed by applicant’s software, not
`“doctor” as shown in dictionary definition); In re Digital Research Inc., 4 USPQ2d 1242 (TTAB 1987) (finding CONCURRENT PC-DOS
`merely descriptive of “computer programs recorded on disk” where relevant trade used the denomination “concurrent” as a descriptor of a
`particular type of operating system).  “Whether consumers could guess what the product is from consideration of the mark alone is not the test.”  
`In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
`
`Note the following examples that show mashups is a form of media:
`
`http://thecontentwrangler.com/2010/02/11/the-making-of-a-mashup-compilation-aurally-volume-1/:  This website states “Known commonly as
`mashups (or bastards), these bootleg musical creations are user-generated derivative works created by blending two or more songs, usually by
`overlaying the vocal track of one song seamlessly over the instrumental version of another.”
`
`http://wic.library.upenn.edu/multimedia/tutorials/mashup.html:  Many mashup videos are humorous movie trailer parodies.
`
`The trademark examining attorney refers to the excerpted articles from the LexisNexis® computerized database in which “mashup” appeared in
`reference to music in a number of articles.  See attachments.  These articles show that “mashup” is a type of music that combines two different
`
`elements.  
`
`The applicant’s mark is descriptive of the services because applicant’s “Storage of electronic media, namely, audio files, video files, and
`images” may be used with mashups.   That is, the consumers may use the applicant’s storage of electronic media services to store their mashups.  
`Therefore, registration is refused because the mark is merely descriptive of the services.
`
`SUPPLEMENTAL REGISTER
`
`Applicant may respond to this refusal by amending the application to seek registration on the Supplemental Register.  A mark in an application
`under Trademark Act Section 1(b) is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use
`under 37 C.F.R. §2.76 has been filed.  37 C.F.R. §§2.47(d), 2.75(b); TMEP §§815.02, 1102.03.  When a Section 1(b) application is successfully
`amended to the Supplemental Register, the effective filing date of the application will be the date on which applicant met the minimum filing
`
` 
` 
` 
`   
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`requirements of 37 C.F.R. §2.76(e) for the amendment to allege use.  37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03.
`
`/Ramona Ortiga Palmer/
`Ramona Ortiga Palmer
`Law Office 117
`571-272-9715
`ramona.ortiga-palmer@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-
`mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.   E-mail
`communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at
`http://tarr.uspto.gov/.   Please keep a copy of the complete TARR screen.   If TARR shows no change for more than six months, call
`1-800-786-9199.   For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.
`
`108B8C
`
`Time of Request: Thursday, September 06, 2012  15:44:30 EST
`Client ID/Project Name:
`Number of Lines: 285
`Job Number:     
`2826:368704868
`
`Research Information
`
`Service:    Terms and Connectors Search
`Print Request: Selected Document(s): 1,11,13,22,28,40,43,47,60,79
`Source: US Newspapers
`Search Terms: mashup w/s music
`
`     
` 
` 
` 
` 
`   
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` 
`                 
`

`

`Send to:  ORTIGA, RAMONA
`         
`TRADEMARK LAW LIBRARY
`         
`600 DULANY ST
`         
`ALEXANDRIA, VA 22314-5790
`
`                 
`

`

`1 of 555 DOCUMENTS
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`Copyright 2012 Times - Standard
`All Rights Reserved
`Eureka Times Standard (California)
`
`August 29, 2012 Wednesday
`
`SECTION: ENTERTAINMENT
`
`LENGTH: 1085 words
`
`HEADLINE: Latin-fusion reggae DJ Stepwise asks dance-lovers to step into his temp office at the Jam Friday
`
`BYLINE: Myles Cochrane/Tri-City Weekly
`
`BODY:
`...actually got to interview him at the Sierra Nevada World Music Festival last year and he's even more amazing one on one. He reminded me
`of a veteran jazz or blues musician, all smiles and very to the point.
`
`Q: I believe it. So what have you been working on lately that sort of surprises you when it comes to the direction of genre?
`A: In the last couple of years there's been a trend of fusing electronica with organic music -- new genres like Digital Cumbia or Major Lazer-
`ish reggae are good example -- and I gotta admit that I started to get a bit sucked into it this past year, remixing classic reggae and Latin songs
`with heavier electro drums and such. I used to be really into the remix-mashup thing, releasing my own bootleg mashups on 45s and the whole
`9, but haven't really been inspired to go there again until this trend came along. Anyway, not too many of my new remixes have seen the light of
`day but who knows, maybe I'll start releasing them again at some point.
`
`Q: Hopefully. You're a worldly dude, many would say. Where would you say is your "home away from home"?
`
`A: I have a few  ...
`
`11 of 555 DOCUMENTS
`
`Copyright 2012 The Baltimore Sun Company
`All Rights Reserved
`The Baltimore Sun
`
`July 22, 2012 Sunday 
`FINAL EDITION
`
`SECTION: TRAVEL; Pg. 6R
`
`LENGTH: 689 words
`
`HEADLINE: Swimming ponies and garden lights;
`day trips
`
`BYLINE: By Kate Godwin, The Baltimore Sun
`
`BODY:
`...Admission is $3 for adults, free for attendees ages 14 and under. Festival hours are noon-11 p.m. Friday and Saturday and noon-9 p.m.
`Sunday. For more information call St. George's Greek Orthodox Church at 410-524-0990 or visit stgeorgeoc.md.goarch.org
`
`New York City
`
`Catalpa Music Festival
`
` 
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`This summer marks several new music festivals along the East Coast, including the Catalpa Music Festival in New York. Rapper Snoop
`Dogg headlines along with the Black Keys, TV on the Radio and pop mashup DJ Girl Talk. Artists will perform against the New York City
`skyline at the two-day, 50-band festival, which features musicians that traverse a broad variety of genres and styles from rock and indie to reggae,
`hip-hop and electronic.
`
`Admission is $179.99 for a weekend pass, $99.99 for daily admission. Concerts begin at 1 p.m. and end at  ...
`
`13 of 555 DOCUMENTS
`
`Copyright 2012 Philadelphia Newspapers, LLC
`All Rights Reserved
`The Philadelphia Inquirer
`
`July 17, 2012 Tuesday 
`CITY-D Edition
`
`SECTION: PHILADELPHIA; P-com News Local; Pg. B03
`
`LENGTH: 657 words
`
`HEADLINE: Kevin Riordan: High school senior follows father's tradition of spinning records
`
`BYLINE: By Kevin Riordan; Inquirer Columnist
`
`BODY:
`...music of all kinds has grown, celebrity DJs like Aoki, Tiesto, and David Guetta have headlined shows in Las Vegas and Atlantic City.
`
`"DJing is essentially a live performance," notes Darien, who has his own website - djdseid.com - as well as a signature look and logo.
`"You're creating something no one's ever heard before," he adds. "There are so many things you can do, effects-wise, to manipulate the music
`and make it your own. The mashup mixes I do are a way to make two favorite songs into one super song."
`Darien's taste is broad, like his dad's. He spins pop hits, vintage hip-hop, house, trance, even classic rock - albeit in the form of remixes, like
`one that transforms Steppenwolf's "Magic Carpet Ride" into a jittery electro explosion.
`
`In addition to learning the basics at home, Darien went to  ...
`
`22 of 555 DOCUMENTS
`
`Copyright 2012 ProQuest Information and Learning
`All Rights Reserved
`Copyright 2012 Memphis Flyer
`Memphis Flyer (Tennessee)
`
`June 7, 2012 - June 13, 2012
`
`SECTION: Pg. 23 No. 1215
`
`LENGTH: 338 words
`
`HEADLINE: Love Is Dumb
`
`BYLINE: Davis, Chris
`
`BODY:
`...out-of-the-closet "gleek."
`
`  
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`That was the first word he used to describe himself in a telephone interview. For those not hip to the lingo, gleek is a proudly self-deprecating
`word used to identify hardcore fans of Glee, Fox TV's popular show about teen identity and the age-old conflict pitting jocks and cheerleaders
`against theater goobs and glee-club geeks. The production numbers, often pop-music/musical-theater mashups, are epic, and Holden says they
`are the inspiration for his recent work as director for Out Tonight, the Emerald Theatre Company's annual cabaret.
`
`28 of 555 DOCUMENTS
`
`Copyright 2012 The Patriot News Co.
`All Rights Reserved
`Patriot News (Harrisburg, Pennsylvania)
`
`May 31, 2012 Thursday 
`FINAL EDITION
`
`SECTION: GO! EXPRESS; Pg. U01
`
`LENGTH: 1383 words
`
`HEADLINE: Summer ARTS Preview
`
`BYLINE: DAVID N. DUNKLE;DAVIDDUNKEL@PATRIOT-NEWS. COM
`
`BODY:
`...one-day street festival on the East Coast. Annually, it attracts about 70,000 visitors. Jubilee Day, which takes place this year from 10 a.m. to
`9 p.m. on June 21, features music, food, games and arts and crafts.
`
`Celtic Fling and Highland Games Lancaster County's Renaissance Faire presents the 14th annual Celtic Fling and Highland Games (June
`23-24), a mashup of music, dance, storytelling, drinking and competitions such as the stone toss and caber toss, all celebrating Celtic culture.
`Admission is $26.95 for adults, $10.95 for children, with two-day passes available for $35 adults and $15 children.
`
`THEATER
`
`Theatre Harrisburg will stage Stephen Sondheim's musical romance "A Little Night Music" June 1-17 at Whitaker  ...
`
`40 of 555 DOCUMENTS
`
`Copyright 2012 The Charlotte Observer
`All Rights Reserved
`
`Charlotte Observer (North Carolina)
`
`May 1, 2012 Tuesday
`
`LENGTH: 505 words
`
`HEADLINE: Visual art meets music, bringing 'Bolero' to life in 3-D video
`
`BYLINE:   Steven Brown; sbrown@charlotteobserver.com
`
`BODY:
`Matthew Weinstein had loved Walt Disney's "Fantasia" every since he was a boy. Now he was grown-up - an artist specializing in 3-D video.
`Disney's mashup of symphonic music and animation was back on his mind.
`
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`43 of 555 DOCUMENTS
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`Copyright 2012 The Evansville Courier Co.
`All Rights Reserved
`Evansville Courier & Press (Indiana)
`
`April 15, 2012 Sunday
`
`SECTION: METRO; Pg. 7B
`
`LENGTH: 467 words
`
`HEADLINE: 'Going Hollywood,' UE's production, drips with disdain
`
`BYLINE: Roger McBain, mcbainr@courierpress.com, 812-464-7520. Evansville Courier & Press
`
`BODY:
`...smug  egotism and crippling self-doubt.
`
`   For all that, the story takes its time to wind up before striking  its stride
`   The 36-member cast delivers an impressive recreation of the style  of the era, the pace of the action and the zipping tone of Kaufman  and Hart's
`
`smart, sharp dialogue.
`
`   And Austin Pettinger's period costuming and Erich  Renschler's rolling scenic design reflect the satin and tinsel  of Hollywood when movies first
`learned to talk. The mashup of  styles represented in the live music that punctuates the play may   be innovative, but it's also a bit of head-
`scratcher.
`
`   In some instances it distracts from the pace and the style of a  vintage show that, at more than 2-3/4hours (with two  intermissions), doesn't need
`
`any interruptions.
`
`   IF YOU GO
`   What: "Once in a Lifetime"
`   When: Through April 22, playing at 2 p.m. Sundays, 7:30 p.m.  Thursday, Friday, Saturday
`   Where: The University of  ...
`
`47 of 555 DOCUMENTS
`
`Copyright 2012 P.G. Publishing Co.
`Pittsburgh Post-Gazette
`
`March 11, 2012 Sunday 
`TWO STAR EDITION
`
`SECTION: SPORTS; Pg. D-14
`
`LENGTH: 780 words
`
`HEADLINE: GYM HISTORY FOR WIEBER, BUT BUZZ WENT TO DOUGLAS
`
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`BYLINE: From wire dispatches
`
`BODY:
`...branch and a diploma by Greece's King George I for his Athens victory in the 25-mile race -- slightly shorter than the modern marathon.
`The engraved 6-inch cup has been in Louis' family for 116 years.
`
`British invasion and more
`
`Britain may not dominate the podium this summer, but it will rule the closing ceremony, an all-British spectacular celebrating the country's
`music "from Elgar to Adele." Organizers have announced that the ceremony theme will be "A Symphony of British Music" and will include
`established and up-and-coming artists performing an "elegant mashup of British music" packed with recognizable songs arranged in a
`symphonic structure, according to ceremony artistic director Kim Gavin.
`
`Elsewhere
`
`Brazilian table tennis player Hugo Hoyama, 42, has qualified for his sixth Olympics, equaling his country's record. ... The U.S. Olympic
`Committee will turn Times Square in New York into a mini Olympic village April 18 to celebrate the start of the 100-day countdown to the  ...
`
`60 of 555 DOCUMENTS
`
`Copyright 2012 The Lexington Herald Leader
`All Rights Reserved
`
`The Lexington Herald Leader (Kentucky)
`
`February 9, 2012 Thursday
`
`SECTION: T; Pg. 20
`
`LENGTH: 818 words
`
`HEADLINE: Lexington Ballet celebrates Black History Month in an original way
`
`BYLINE:   Robert Parks Johnson; Contributing Writer
`
`DATELINE: February 9 2012
`
`BODY:
`But besides being a mashup of seemingly contradictory dance and music styles, Ion Dance is unconventional in that even though it's a
`celebration of black culture, there are no black dancers onstage. Four Lexington actors who play iconic musicians and composers will be the only
`black people on the stage.
`
`Lexington Ballet artistic director Luis Dominguez says he is painfully aware of that. ("I'm loving that you're touching on this subject," he tells
`a reporter.)
`
`Dominguez, a  ...
`
`79 of 555 DOCUMENTS
`
`Copyright 2011 The Miami Herald
`All Rights Reserved
`
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`

`The Miami Herald
`
`November 14, 2011 Monday
`
`LENGTH: 360 words
`
`HEADLINE: Sting goes to town at Prime Italian;
`Scene in the Tropics
`
`BYLINE:   Lesley Abravanel;   lank@aol.com  
`
`DATELINE: November 14 2011
`
`BODY:
`...dessert.
`
`Alex Rodriguez had dinner Sunday night with his ex-wife Cynthia at Meat Market. The couple sat at the bar, enjoying cocktails, salad and
`seabass. Talking about the kids?
`
`Art Basel hasn't even started yet, but we have it on excellent authority that a major celebrity scene during the frenetic fanfare will be YogArt
`at the Loews Miami Beach, a mashup of yoga, live music and art. Starting Nov. 30, the morning and sunset classes already have some big-name
`students planning to attend -- Lenny Kravitz and yoga aficionado Russell Simmons. The first two sunset classes ($50) will feature live
`performances by singer/songwriter Trevor Hall. All other classes are $40. To sign up or for complete schedule, go to www.yogartevent.com.
`
` 
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` 
`

`

`********** Print Completed **********
`
`Time of Request: Thursday, September 06, 2012  15:44:30 EST
`
`2826:368704868
`Print Number:   
`Number of Lines: 285
`
`108B8C
`
`Number of Pages:                                      
`
`Send To:  ORTIGA, RAMONA
`         
`TRADEMARK LAW LIBRARY
`         
`600 DULANY ST
`         
`ALEXANDRIA, VA 22314-5790
`
` 
` 
`   
`

`

`httpfmww thefreedictionarvcomlmashup
`
`09f06l2012 01 :48:34 PM
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`mash-up or mash-up (mgsh'fip‘)
`n.
`
`An audio recording that is a composite of samples from other recordings, usually from
`
`BE WUDA
`5” ”NJ-Ch more
`
`d'fierem musmal Styles'
`The Amman managers dintiunmy nftha English Language, Fourth Edition mpyqighiazooo by Hnughton Mifilin Company Updated in zoos Published
`byHoghton Mimin Comny.hlllightsraaved.
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`
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`mas “P [ "1an
`n
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`(Music i' Pop Music) a piece of recorded or live music in which a producer or DJ blends
`together two or more tracks, often of contrasting genres
`[from MASH blend + UP]
`Cullins English DidionEfl—Comglate and Unabflfiad HalpelCDlllrls Publishes 1931. 1394. 1398. 21300. ZDU3
`
`Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to
`iGoogle, or visit the webmaster’s page for free fun content.
`
`Link 10 this page: I<a href="http:flwww.thefreedictionary.comimashup">mashup<!a>
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`Please bookmark with social mediar your votes are noticed and appreciated:
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`httpflwww thefreedictionarvcomlmashup
`09l06l2012 01 :48:34 PM
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`09r06r'2012 01 :56 43 PM
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`Mashup Patterns Michael Ogn'nz rlhddison—Wesleylr
`Aleksandrovich
`do Pearson Education 801 Easlgfilh Street, 3rd
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`httpv‘fen.Wikipediaoror‘wikitMashup (digital)
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`09t06r‘2012 01 59:16 PM
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`MaShLlp (digital)
`.
`.
`_
`.
`From Wikipedia, the free encyctopedia
`
`A digital mashup usualty is in reference to:
`1. Digital media content containing any or all of text, graphics, audio, video and animation drawn from preexisting sources, to create a new
`derivative work. Digital text mashups like the comedic mashup, The Art of War Against Fat, appear by the thousands every day as users of biogs
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`and ontine torums copy and paste digital text In Juxlaposrtron to comment on topics of interest. Digital mashups represent a new phase in the reuse
`of existing works not so much conceptually as in ease of use. The creation of digital media formats such as ASCll text, Redbook audio, JPEG
`images and MPEG video has made it far easier for potential mashup creators to create derivative works than was the case in the past, when
`significant technical equipment and knowledge was required to maniputate analog content” A major contributing factor to the spread of digital
`mashups is of course the World Wide Web, which provides channels both for acquiring source materiai and for distributing derivative works, both
`often at negligible costm Current Widespread practices of creating digital mashups have raised significant questions of intellectual property and
`copyright, which have been addressed by Lawrence Lessig, among others.[31 White questioning the law, mashups are also questioning the very act
`of creation. Are the artists creating when they use other individuals work? How will artists prove their creative input?
`2. Web or cloud computing based applications are a combination of separate parts brought together with the use of the open architecture of pubtic
`Application Programming interfaces API. For example, a mashup between Google Maps and Weathercom couid be made available as an iPhone
`application. where the content and context of that content are drawn from outside sources through the published APl.
`
`

`

`httpffen.Wikipediaordr‘wikii’Mashup (digital)
`
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`Notes
`
`1.
`2.
`3.
`
`" Thul, 2008: DJ Spooky comments on the shift from analog to digital mashup
`" Bennan et al.: mtemet technologies and digital mashup
`" Lessig 2001
`
`Refe