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Re: fair use for samples
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