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http://en.wikipedia.org/wiki/Fair_use#Amount_and_substantiality
Before 1991, sampling in certain genres of music was accepted practice
and such copyright considerations as these were viewed as largely
irrelevant. The strict decision against rapper Biz Markie's
appropriation of a Gilbert O'Sullivan song in the case Grand Upright
Music, Ltd. v. Warner Bros. Records, Inc.[13] changed practices and
opinions overnight. Samples now had to be licensed, as long as they rose
"to a level of legally cognizable appropriation."[14] In other words, de
minimis sampling was still considered fair and free because,
traditionally, "the law does not care about trifles." The recent Sixth
Circuit Court decision in the appeal to Bridgeport Music has reversed
this standing, eliminating the de minimis defense for samples of
recorded music, but stating that the decision did not apply to fair use.
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