File:Porcupine Tree - Every Home Is Wired.ogg

Summary
Rationale for fair use: This clip of Porcupine Tree's "Every Home Is Wired" 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. 

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

Fair use rationale
This is a sound sample from a commercial recording. Its inclusion in the Porcupine Tree article 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 40 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.