Andrew,
Significant use of copyrighted material within a new original work
would seem to be in the same spirit as sampling -- which normally
only covers the use of existing _recordings_, but still, the
principle is the same.
http://www.music-law.com/sampling.html
- Darcy
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[EMAIL PROTECTED]
Brooklyn, NY
On 08 Sep 2005, at 4:51 PM, Andrew Stiller wrote:
As long as we're talking about this, there's a question I've
wondered about for years that maybe someone on this list knows the
answer to:
Is collaging fair usage? Specifically, consider Berio's *Sinfonia*,
which quotes numerous copyrighted works without any notice of
written permission to use any of them.
I'm not talking about outright parody, wh. is definitely fair
usage in the US, but merely the use of recognizable fragments of
copyrighted works in a patchwork to make something new. The various
court cases involving sampling would strongly suggest that such
practices are *not* fair usage--but then how explain the Berio?
Andrew Stiller
Kallisti Music Press
http://home.netcom.com/~kallisti/
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