The Grey Album: Copyright Law and Digital Sampling

In the field of digital sampling, disk jockeys have shown a recent enthusiasm for ‘mash-ups’ — new compositions created by combining the rhythm tracks of one song and the vocal track of another. Most famously of all, DJ Danger Mouse remixed the vocals from Jay-Z's The Black Album and the Beatles' White Album and called his creation The Grey Album. The Grey Album poses a number of difficult issues regarding copyright law and digital sampling. Does such a ‘mash-up’ go beyond the de minimis use of a copyright work? Is The Grey Album protected by the defence of fair use under copyright law because it provides a transformative use of copyright works? Can such remixes by compulsorily licensed? Does a ‘mash-up’ raise issues concerning the moral rights of attribution and integrity, which are recognised in Europe and Australia?