Gray said:
What about if a remix was part of the remaster? As well as tweaking eq, they could decide to bring up individual channel levels (even some that weren't there at all on the original master, in which case you would be getting (or losing) something that wasn't (or was) there to start with!)
That would of course be fundamentally changing the track - but who's stopping them? Do they only do this on tracks officially labelled as remixes do you think?
As Cheeseboy stated, generally that would be classed as a remix. But there are grey areas (pun unintended).
A high-profile example was the 2007 version of Oxygene by Jean-Michel Jarre, labelled 'New Master Recording'. It coincided with Jarre's move from Francis Dreyfus Music to EMI, and FDM's refusal to let Jarre take publishing rights with him. Jarre created a new version of Oxygene, touted as 'the original score re-recorded and mixed by Jean Michel Jarre'. I'm not sure if it was available anywhere to purchase, but it was distributed for free to Mail On Sunday readers on CD in 2008. I picked up a copy, and to my ears it was very clear it was definitely not truly re-recorded (i.e. from new recording sessions), but it was clearly a new mix, presumably from the original multitracks.
This important detail definitely did not escape the attention of FDM who said it intended to sue both EMI and Mail On Sunday based on the claim that the contents of the CD was from the original master, though it wasn't, and here's the grey area: what constitues a master in legal terms? I'm not exactly sure how that eventually panned out, but it would appear that the only version of Oxygene you can purchase new today is the Dreyfus version, so presumably it did not go well.