[Dixielandjazz] Quoted passages in songs - infringement?

[Stephen G Barbone]

> "PHIL WILKING" <philwilking at bellsouth.net> wrote:
>
> One of the tunes on Peter Schickele's first P.D.Q. Bach record  
> (Vanguard
> Records, the one with the orange jacket front) was the "Quodlibet."  
> It was
> two to four very recognizeable bars each of a whole library of big  
> band
> standards strung together into one symphonic joke. This was produced  
> 40
> years ago, but the royalty for each tune couldn't have been very  
> much or
> they couldn't have afforded to use the track on the record.

IMO, that would be a perfect example of the type of "parody" that is  
exempt from royalties under Sec 107 of the copyright law and the  
doctrine of fair use. I think there would have been no infringement  
and/or royalty payable for this type of parody. It pretty much  
parallels the controlling Supreme Court case.

Cheers,
Steve Barbone
www.myspace.com/barbonestreetjazzband