Darcy James Argue wrote:
What is the legal precedent for "Fair Use" in this case -- quotation of
copyrighted music in an original composition?
I was under the impression that this sort of thing falls clearly
outside the boundaries of "fair use" -- that even extremely brief
musical quotes need to be cleared with the copyright holder.
From what I've seen, this all lies in how good your attorney is, and
what proportion the quote is to the rest of the piece. And how big a
twit the copyright holder is.
I've seen and heard some pieces that had sections in them clearly
derived from the ideas of Sammy Nestico, and Sammy was just tickled,
because they were well done, and not as much plagiarized as inspired.
I've heard other pieces that the copyright holder allowed to be used
*once* for a recording, and never published, because they had control
issues.
Mileage varies.
cd
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