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The opinions (to my, thankfully non-lawyeresque eyes) were pretty supportive of a more general view of fair use. At 12:45 PM -0700 4/26/00, George Van Wagner wrote: >My impression was that the 2 Live Crew case had more to do with parody >being protected speech and the fair use implications of that, rather >than a broader interpretation of just what constitutes fair use. There >is some good information available at http://fairuse.stanford.edu/ for >them what's innerested. > >George > >"Emile Tobenfeld (a.k.a Dr. T)" wrote: > > > > At 1:02 PM -0400 4/26/00, Michael Tuminello wrote: > > >Length is not the only constraint. If a lawyer can make a case for > > >it being a major part of a song, like the hook from "satisfaction", > > >they could still sue you if you're not paying royalties. As I > > >understand it... > > > > > >best bet is to have it be not recognizable at all, whatever the >length. > > > > > >MT > > > > The one who dies with the most lawyers wins(-; > > > > In the one case that reached the supreme court (the 2 Live Crew > > case), both the decision and opinion were firmly in favor of a broad > > view of fair use. Since few of us can afford lawyers for appeal > > litigation, this has not help the sampling cause anywhere near as > > much as I had hoped. > > > > Personally, I adapt the rule of thumb that if the original producer > > of the source would have a less thagtn 50% chance of catching it > > unprompted, its fair use. How folks like DJ Shadow or Richard Kirk, > > whose thing is based on using a large number of recognizable though > > obscure samples, deal with this is beyond me. (Kirk releases his own > > stuff and, presumably, takes his chances. Shadow hasn't done that > > much lately, perhaps because of this very issue.) > > > > "The reasonable man adapts himself to the world. The unreasonable man > > persists in adapting the world to himself. Therefore, all progress > > depends on the unreasonable man. > > > > -- George Bernard Shaw > > > > Emile Tobenfeld, Ph. D. > > Video Producer Image Processing Specialist > > Video for your HEAD! Boris FX > > http://www.foryourhead.com http://www.borisfx.com "The reasonable man adapts himself to the world. The unreasonable man persists in adapting the world to himself. Therefore, all progress depends on the unreasonable man. -- George Bernard Shaw Emile Tobenfeld, Ph. D. Video Producer Image Processing Specialist Video for your HEAD! Boris FX http://www.foryourhead.com http://www.borisfx.com