I just read Steve Collin's notes. Which had me think of examples where fair use and copyright issues were happening. One example came to mind...
It was this year that there was a copyright issue with the band Men at Work... using the riff from "Kookaburra Sits In The Old Gum Tree" in their song, 'Down Under.' It was the publisher not the creator (as the creator past away in 1988) that sued them. The Publisher only obtained the copyright to "Kookaburra Sits In The Old Gum Tree"since 1990... I kind of feel Men At Work's use of the riff should be 'fair use' but I might feel different if it was the creator who was complaining not the publisher...etc...
http://www.abc.net.au/news/stories/2009/07/30/2640727.htm
I guess with this example I feel the use of the riff was used by the writers of 'Down Under' to capture the Australian vibe... so sway towards 'fair use.'
I found this link on the 3aw site: -
http://www.3aw.com.au/blogs/3aw-generic-blog/colin-hays-say-on-down-under-ripoff/20100205-nhax.html
There's a fine line between 'fair use' and encroaching on copyright. Finding the balance is hard to do because people interpret laws differently and usually for personal gain...
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