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Weird Al "using the same notes" is not fair use. He pays the compulsory license.

Using the music verbatim would not likely be fair use, and the videomaker owes a license fee.



2 Live Crew won their case when they did a raunchy cover of Roy Orbison's "(O) Pretty Woman." I don't think they had to pay licensing fees, nor does Yankovic.

EDIT: I asked about licensing fees, and Wiki[1] says that Coolio accepted royalty payments for "Amish Paradise." So I still wonder how 2 Live Crew settled their suit, and I need to get back to work.

[1] https://en.wikipedia.org/wiki/Weird_al#Negative


2 live crew sampled the Orbison recording. There is no compulsory license for recorded music. It's a different situation than "using the same notes."




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