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Well, it’s probably possible to make a very decent argument that this falls under fair use in the US (though fair use is quite US specific). Making a fair use a
by arrrg 13y ago
Well, it’s probably possible to make a very decent argument that this falls under fair use in the US (though fair use is quite US specific). Making a fair use argument, however, is always challenging and very much up to interpretation. There is little legal certainty in relying on fair use.
In practice, however, at least big acts always get clearance for the use of samples. That removes the legal uncertainty that would surround a fair use argument.