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Right. Protected uses are protected because they were necessary. The Weird Al track that comes to mind which could be protected (but does not need the protectio
by tialaramex 2y ago
Right. Protected uses are protected because they were necessary. The Weird Al track that comes to mind which could be protected (but does not need the protection because Al always secures permission for these works) is "Smells Like Nirvana" because that specifically needs to use Nirvana's track "Smells Like Teen Spirit" because it's a (well meant, like a comedy roast) critique of Nirvana and their song. "It's hard to bargle nawdle zouss / With all these marbles in my mouth" is about Nirvana and about Smells Like Teen Spirit.
If you replace Smells Like Teen Spirit with Cliff Richards' "Saviours Day" it does not work, Cliff is not going to confuse and annoy your parents, his utterances aren't incomprehensible, and so on. The choice of song is necessary, which would justify protection.