File:Theme from Shaft.ogg

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Licensing

A 28-second clip of Isaac Hayes' "Theme from Shaft". Copyright to Enterprise Records, 1971.

Copyrighted
This is a sound sample from a song, movie, sound effect, or other audio recording that is currently copyrighted. The copyright for it may be owned by the company who made it or the author. For a song, it may also be owned by the person(s) who performed it. 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 U.S. by the non-profit Wikimedia Foundation, where:
  1. the sample is being used for commentary on the recording in question;
  2. the sample contributes significantly to the encyclopedia articles in which it is used (listed under the heading "File usage" below) in a way that cannot be duplicated by other forms of media;
  3. the sample is short in relation to the duration of the recorded track, and is of inferior quality to the original recording;
  4. no other samples from the same track are currently used in Wikipedia;
  5. there is no adequate free alternative available.

A more detailed fair use rationale should be provided by the user who uploaded this sample. Any other uses of this sample, on Wikipedia or elsewhere, may be copyright infringement. If you are the copyright holder of this sample 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: If this is a free, non-copyrighted audio recording, please post it to Wikimedia Commons instead.

Audio
Attention
To the uploader:
  1. Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information.
  2. For example non-free use rationales, see Wikipedia:Use rationale examples.
  3. Template:Non-free use rationale audio sample may be helpful for stating the rationale.
To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

Fair use

This is a sound sample from a commercial recording. Its inclusion in the article Theme from Shaft is claimed as fair use because:

  • it illustrates an educational article that includes a historical and critical examination of the excerpt;
  • it is a sample of under 30 seconds from a much longer recording (4:34), and could not be used as a substitute for the original commercial recording;
  • it has been reduced in quality from the original CD recording due to compression; and
  • it is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value.

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.

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