"Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling.

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Quizplus · Accepted Answer

"Fair use" can be asserted as a defense in copyright infringement cases, including those involving digital sampling, but its applicability depends on the specifics of the case, such as the amount and substantiality of the portion used in relation to the copyrighted work as a whole.

"Fair Use" Cannot Be Asserted as a Defense to a Charge