Editing Fair use (section)

=== Music sampling ===
{{further|Legal issues surrounding music sampling}}
Before 1991, [[sampling (music)|sampling]] in certain genres of music was accepted practice and the copyright considerations 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.]]''<ref name="grand-upright">{{cite court |litigants=Grand Upright Music, Ltd. v. Warner Bros. Records Inc. |vol=780 |reporter=F. Supp. |opinion=182 |court=S.D.N.Y. |date=1991 }}</ref> changed practices and opinions overnight. Samples now had to be licensed, as long as they rose "to a level of legally cognizable appropriation." This left the door open for the ''[[de minimis]]'' doctrine, for short or unrecognizable samples; such uses would not rise to the level of copyright infringement, because under the ''de minimis'' doctrine, "the law does not care about trifles." However, three years later, the Sixth Circuit effectively eliminated the ''de minimis'' doctrine in the ''[[Bridgeport Music, Inc. v. Dimension Films]]'' case, holding that artists must "get a license or do not sample".<ref>{{cite court |litigants=Bridgeport Music, Inc. v. Dimension Films |vol=383 |reporter=F.3d |opinion=390 |pinpoint=398 |court=6th Cir. |date=2004 |url=http://fsnews.findlaw.com/cases/6th/04a0297p.html |access-date=November 18, 2015 |archive-url=https://web.archive.org/web/20060430072420/http://fsnews.findlaw.com/cases/6th/04a0297p.html |url-status=live }}</ref> The Court later clarified that its opinion did not apply to fair use, but between ''Grand Upright'' and ''Bridgeport'', practice had effectively shifted to eliminate unlicensed sampling.