Fair use has always been a contentious concept. A great number of musicians, as well as artists of other varieties, include copyrighted material in their own works through techniques such as sampling and parodying. However, many of these works do not fall under the scope of fair use. In fact, there is a lot of uncertainty regarding what constitutes fair use and what does not. A recent study by the College Art Association (CAA) found that “37 percent of artists use third-party material and that one in five avoids or abandons a project over concerns that they’re not doing it right and that number is much higher for editors and academics.”¹