The explosive growth of the Internet and the widespread availability of professional-grade editing tools have democratized and decentralized the music production landscape. Economic transformations have preceded shifts in intellectual property (IP) law, leaving courts and policymakers playing catch-up and creating a climate of professional uncertainty. Within this uncertainty, certain questions are proving to be persistently problematic. For example, even as questions regarding its scope become more and more critical, "fair use" remains one of the most underdeveloped concepts in IP law.'
John S. Ehrett,
Fair Use and an Attribution-Oriented Approach to Music Sampling,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol33/iss2/7