[PD-ot] Art: To GPL or not to GPL?

[Hans-Christoph Steiner]

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

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