What is established practice in "fair dealing" in art that references other work?

There are "samples" used in music, and artists who make use of other people’s work. Fair dealing allows commentary and criticism on a work. It is an obtuse argument, that art is a form of commentary or criticism. Is there any established middle ground on that point? My own attempt at an impartial third party view, is that some works comment on society more generally, the work that is referenced is only used as an example that represents a particular time or society.

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One Response to “What is established practice in "fair dealing" in art that references other work?”

  1. Bilbo says:

    Taking a chunk of someone else’s work (Abba’s Gimme Gimme Gimme) and including it in your song – (Madonna’s Hung Up) is not fair dealing and requires consent. Something which was brought home to the Verve when their Bittersweet Symphony which includes a sample of Loog Oldahm’s version of Paint it Black by the Rolling Stones was used but permission was not sought. Half the royalties had then to be paid to Keith Richards and Mick Jagger the original writers.

    Fair dealing is usually in matters of criticism or commentary when it is necessary to quote the work, in order to make a paticular point – but where commercial usage of the original is not intended.

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