Image:Porcupine Tree - Voyage 34 (Phase I).ogg

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[edit] Summary

Rationale for fair use: This clip of Porcupine Tree's "Voyage 34 (Phase I)" is used for the purposes of criticism and comment on the band. It is intended, in the context of scholarship, to inform the reader about the evolution of the sound of Porcupine Tree through their career while not displacing the original product.

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.

© Delerium Records © Snapper Music

[edit] Fair use rationale

This is a sound sample from a commercial recording. Its inclusion in the Voyage 34: The Complete Trip is claimed as fair use because:

1. It illustrates an educational article that specifically discusses the song from which this sample was taken
2. It is a sample of about 30 seconds from a much longer recording, and could not be used as a substitute for the original commercial recording; and
3. It is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value.
4. 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.

[edit] Licensing

This is a sample from a copyrighted audio recording. 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 United States by the non-profit Wikimedia Foundation, where: The sample is being used for commentary on the recording in question. It contributes significantly to the encyclopedia articles it is used in (listed under the heading "File links" 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 an inferior quality to the original recording. No other samples from the same track are used in Wikipedia. There is no adequate free alternative available. A more detailed fair use rationale may be provided by the user who uploaded this recording. Any other uses of this recording, on Wikipedia or elsewhere, may be copyright infringement. If you are the copyright holder of this recording 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: please add a detailed fair use rationale as well as the source of the work and copyright information.

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