Is there anyone who questions whether a piece of music is a creative work? I have yet to meet one, YET in matters of fair use, most people and sources of information on the subject call music a non-dramatic entity - in other words: it favors fair use for factor 2.
The meaning of "dramatic" from non-dramatic, fiction from non-fiction is part of the problem. The word dramatic for many people infers theatrical, but this is not the intent in the law.
This quote from NOLO's website points to the meaning more clearly: "To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays."
The meaning of "dramatic" from non-dramatic, fiction from non-fiction is part of the problem. The word dramatic for many people infers theatrical, but this is not the intent in the law.
This quote from NOLO's website points to the meaning more clearly: "To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays."
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