File:Porcupine Tree - Way Out of Here.ogg

Summary

This clip of Porcupine Tree's Way Out of Here is used for the purposes of criticism and comment on the song.

According to section 107 of the United States Copyright Act of 1976:

The fair use of a copyrighted work...for purposes such as criticism, comment,...scholarship...is not an infringement of copyright. [1]

The clip is used for non-profit purposes and represents only a fraction of the actual work. These two factors are noted as relevant by the Act.

© Roadrunner Records © Atlantic Records

Fair use rationale

This is a sound sample from a commercial recording. Its inclusion here is claimed as fair use because:

• It illustrates an educational article that specifically discusses the song from which this sample was taken.
• It is a sample of about 40 seconds from a much longer recording, and could not be used as a substitute for the original commercial recording; and
• The same fragment of the song can be found at the album's medley distributed by the band for free through the internet.
• It is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value.
• It is believed that this sample will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original recording.

I believe that this use of the excerpt is in good faith, and that its inclusion enhances rather than reduces the commercial value of the recording from which it was drawn.

Licensing

	This is a sound sample from a song, movie, sound effect, or other audio recording that is currently copyrighted. The copyright for it may be owned by the company who made it or the author. For a song, it may also be owned by the person(s) who performed it. It is believed that the use of this work qualifies as fair use under United States copyright law when used on the English-language Wikipedia, hosted on servers in the U.S. by the non-profit Wikimedia Foundation, where: the sample is being used for commentary on the recording in question; the sample contributes significantly to the encyclopedia articles in which it is used (listed under the heading "File usage" below) in a way that cannot be duplicated by other forms of media; the sample is short in relation to the duration of the recorded track, and is of inferior quality to the original recording; no other samples from the same track are currently used in Wikipedia; there is no adequate free alternative available. A more detailed fair use rationale should be provided by the user who uploaded this sample. Any other uses of this sample, on Wikipedia or elsewhere, may be copyright infringement. If you are the copyright holder of this sample and you feel that its use here does not fall under "fair use", please see Wikipedia:Copyright problems for information on how to proceed. To the uploader: If this is a free, non-copyrighted audio recording, please post it to Wikimedia Commons instead. Fair use //en.wikipedia.org/wiki/File:Porcupine_Tree_-_Way_Out_of_Here.ogg true