Summary
Short, relatively low-quality sound sample from "She Loves You" by The Beatles.
℗ & © 1963 Calderstone Productions Limited (a subsidiary of Universal Music Operations Limited; until 2012 EMI Records Ltd.)
Rationale of fair use for audio sample
This is a sound sample from a commercial recording. Its inclusion here is claimed as fair use because:
- It illustrates an educational article specifically about the song from which this sample was taken.
- It is a sample of less than 30 seconds and no more than 10% of the original recording, and could not be used as a substitute for the original commercial recording or to recreate the original recording.
- It is of a lower quality than the commercially available digital versions of the original recording.
- It is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value.
- 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.
The use of the excerpt is in good faith, and its inclusion enhances the quality of the subject article without reducing the commercial value of the recording from which it was drawn.
Fair use rationale for Beatlemania
This is a sound sample from a commercial recording. Its inclusion here is claimed as fair use because:
- "She Loves You" is cited by Beatles historian Mark Lewisohn as the song that brought the Beatlemania fan phenomenon "to the boil" and into the national consciousness.
- As discussed by Lewisohn and author Ian MacDonald, the inclusion of falsetto "ooh!"s in the song and its "yeah, yeah, yeah!" refrain were signature elements that added to the song's anthem quality for teenagers and to the fan ritual taking place at the Beatles' concerts. Both these elements appear in the sample.
- It is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value.
- 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.
- It is a sample of less than 30 seconds and no more than 10% of the original recording, and could not be used as a substitute for the original commercial recording or to recreate the original recording. It is also of a lower quality than the commercially available digital versions of the original recording.
The use of the excerpt is in good faith, and its inclusion enhances the quality of the Beatlemania article without reducing the commercial value of the recording from which it was drawn.
Licensing
