Image:Holiday in Cambodia.ogg

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[edit] Summary

30 second sample of "Holiday in Cambodia" by the Dead Kennedys

[edit] Rationale for use in Jello Biafra

This sample's use on Jello Biafra qualifies as fair use because:

1. The sample is used to place this recording, Jello Biafra, and the Dead Kennedys, in the historical context of the hardcore punk music scene of San Francisco.
2. The sample is short in relation to the duration of the recorded track and is of an inferior quality to the original recording.
3. No other samples from the same track are used in Wikipedia.
4. There is no adequate free alternative available.

[edit] Fair use in Punk rock

This is a sound sample from a commercial recording. Its inclusion here is claimed as fair use because:

• It illustrates an educational article that specifically discusses the source band's central role in the development of the subject genre's hardcore subgenre, and the song's significance as an exemplary hardcore song, as discussed in the accompanying text;
• It is a low-bit-rate sample of about 30 seconds from a much longer recording, and could not be used as a substitute for the original commercial recording;
• It is not replaceable with a free-use sample of comparable educational value; and
• 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.

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "Jello Biafra" : To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]), qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

[edit] Licensing

This is a sample from a copyrighted audio recording. It is believed that the use of this work qualifies as fair use under United States copyright law when used on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, where: The sample is being used for commentary on the recording in question. It contributes significantly to the encyclopedia articles it is used in (listed under the heading "File links" below) in a way that cannot be duplicated by other forms of media. The sample is short in relation to the duration of the recorded track and is of an inferior quality to the original recording. No other samples from the same track are used in Wikipedia. There is no adequate free alternative available. A more detailed fair use rationale may be provided by the user who uploaded this recording. Any other uses of this recording, on Wikipedia or elsewhere, may be copyright infringement. If you are the copyright holder of this recording and you feel that its use here does not fall under "fair use" please see Wikipedia:Copyright problems for information on how to proceed. To the uploader: please add a detailed fair use rationale as well as the source of the work and copyright information.

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