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Old 05-08-2012, 05:11 PM
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JohnnyChavello JohnnyChavello is offline
Fair Use
 
Join Date: Oct 2003
Location: Brooklyn, NY
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Quote:
Originally Posted by silence7 View Post
The legal issues with this are being discussed here as well..

http://www.techdirt.com/articles/201...l-albums.shtml
That's a decent introduction to some of the issues, but I have a major bone to pick with them on the law. They write that courts have "more or less entirely [tossed] out the concepts of fair use, transformative work and de minimis copying that should protect samplers in many cases."

This is only true with respect to de minimis copying (and even there, only in one circuit), but not at all true with respect to fair use. Fair use's roots in the common law are as old as copyright law itself. There is no particular type of work (music or otherwise) that is outside of the scope of fair use in and of itself and I don't know of a single copyright case that would even suggest it.



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