how does copyright apply to collage?


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Posted by Andrew Elkin on February 22, 1999 at 12:52:24:

An artist can use bits of images (or other recognizable media) in creating a new, original work without being attacked on copyright grounds.
If a musician uses samples in his/her work, they are subject to the limitations of copyright.
Is this simply because the copyright holder of a piece of music is more likely to defend their copyright (and share royalties etc)?
If so, why is sampled music (some call it audio collage) not given the same room to exist?
Music, after all, is a form of art.

I'm trying to establish the difference between music works and other art works in terms of collage/sampling, Fair Use notwithstanding.

Thanks
A Elkin


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