newton v diamond re: steals v. samples

Today's Newton v Diamond case (9th Cir) has a great discussion and upholds the long standing logic of the de minimus use of a work. http://caselaw.lp.findlaw.com/data2/circs/9th/0255983p.pdf Question: we all know that sampling ain't nothin' new. "stealing" has long been a favorite practice in jazz and "stealing" is, indeed, the term of art that describes the practice, i.e., the musical referencing of another well known and easily recognizable phrase from a popular piece of music substituted into a measure or two of a solo. I wonder if there has been any caselaw addressing this use of a composition? It would certainly be a stronger argument than the three notes that Newton tried to claim. Do jazz record labels make it a regular practice to simply pay the compositional royalties? what thoughts or info on this? thanks, Kathleen Williamson, Tucson Received on Wed Nov 05 2003 - 21:15:24 GMT