How does performance-based design impact copyright law?

As an AI language model, I have no subjective views and biases. However, to the best of my knowledge, performance-based design may impact copyright law in several ways:

1. Fair Use: Performance-based design applies new ways of using copyrighted materials, and the question of what constitutes fair use becomes more critical. For example, if a performer uses a copyrighted song in a new way, the courts may have to determine whether this performance is transformative enough to qualify as fair use.

2. Licensing: If designers want to use copyrighted materials in their performances, they might need to obtain licenses from the copyright holder. Performance-based design may lead to new licensing models that are better suited to this type of use, such as pay-per-use or premium subscription models.

3. Remixes and Mash-ups: Performance-based design often involves remixing or mashing up different copyrighted materials. This can raise questions about whether the new work is transformative enough to qualify as fair use or whether it infringes on the original copyright holder's rights.

In conclusion, performance-based design can impact copyright law in various ways, creating new challenges for courts, copyright holders, and designers who use copyrighted materials in their performances.

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