On Thursday, Dec 18, 2003, at 20:29 America/New_York, RTaylor wrote:
The label "Claudius Maximus" hathe been affixed to this message,
I would view sampling of parts of the work (for example, up to a couple of bars) as fair use and thus not requiring attribution, this to me is the common sense approach.
That's the way the courts would see it as well.
Actually quite the opposite, at least in the US, unfortunately. The courts have come down quite firmly on the side that sampling is not fair use and must be licensed:
Here are a couple references:
http://www.globalmusicresource.com/legal/legal6.html "It is illegal to copy any part (in total or "sample") copyrighted music without the prior written consent of the copyright owner. You may not sell or even distribute this music for free. One must first obtain the written permission of the sound recording copyright holder and the actual composition copyright holder."
http://www.emplive.com/visit/education/popConfBio.asp?xPopConfBioID=41 "During the 1980s, many hip-hop artists sampled music with impunity in spite of growing resentment from songwriters and copyright owners who felt their work to be unlawfully exploited. But three pivotal court decisions in the 1990s punished severely those who sampled without permission. Since then, most artists and record companies refrain from sampling unless they can obtain clearance."
.hc
-- Could you be the one they talk about? Hiding inside, behind another door? Is it only happiness you want? Does wanting a feeling matter any more? {Mould}
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