File:Dave Brubeck Quartet - Take Five.ogg

Summary edit

Brief description: 30-second low-quality music clip encompassing the main & bridge saxophone melodies in the album version (5:28 duration) of "Take Five" by the Dave Brubeck Quartet. This is a copyrighted, non-free work, but I believe it is Fair Use. I have read the Wikipedia rules on Non-Free Content, and I explain below how the use of this file meets the criteria set out there.

Tag:

	This is a sound sample from a song, movie, sound effect, or other audio recording that is currently copyrighted. The copyright for it may be owned by the company who made it or the author. For a song, it may also be owned by the person(s) who performed it. 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 U.S. by the non-profit Wikimedia Foundation, where: the sample is being used for commentary on the recording in question; the sample contributes significantly to the encyclopedia articles in which it is used (listed under the heading "File usage" 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 inferior quality to the original recording; no other samples from the same track are currently used in Wikipedia; there is no adequate free alternative available. A more detailed fair use rationale should be provided by the user who uploaded this sample. Any other uses of this sample, on Wikipedia or elsewhere, may be copyright infringement. If you are the copyright holder of this sample 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: If this is a free, non-copyrighted audio recording, please post it to Wikimedia Commons instead. Fair use //en.wikipedia.org/wiki/File:Dave_Brubeck_Quartet_-_Take_Five.ogg true
To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. Template:Non-free use rationale audio sample may be helpful for stating the rationale. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

FAIR USE RATIONALE (re Take Five article):

This is a sound sample from a commercial recording. Copyright in the recording is believed to belong to the record label or the composer and performers. Its inclusion here is claimed as fair use because:

 * the sample is being used for sourced commentary on the recording in question. It illustrates an educational article that specifically discusses the piece from which this sample was taken. The section of music used is discussed in the article in relation to the piece's musical style;
 * the sample is short (30 seconds) in relation to the duration of the recorded track (5:28), and is of inferior quality (ogg quality setting = 0). to the original recording, and could not be used as a substitute for the original commercial recording or to recreate the original recording;
 * the sample contributes significantly to the Wikipedia article in which it is used in a way that cannot be duplicated by other forms of media. It is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value;
 * 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;
 * no other samples from the same track are currently used in Wikipedia;
 * there is no adequate free alternative available.

• Sound sample from the song "Take Five"
• Song length: 5 min 28 sec
• Reduced quality: Yes
• Source: Time Out
• Songwriter(s): Paul Desmond
• Performed by: Dave Brubeck, Paul Desmond, Eugene Wright, Joe Morello
• Producer(s): Teo Macero
• Copyright © 1959 Columbia

Rationale of fair use for "Take Five" sample edit

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 song from which this sample was taken. The section of music used is discussed in the article in relation to the song's lyrics, musical and vocal style, and may contain part of the song's chorus.
• It is a sample of no more than 30 seconds from a much longer recording, and could not be used as a substitute for the original commercial recording or to recreate the original recording.
• It is of a lower quality than the original recording.
• It is not replaceable with an uncopyrighted or freely copyrighted sample of comparable educational value.
• 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.
• The audio sample is a copyrighted work. U.S. copyright laws apply to this work. Should a free or public domain sample be located, it should be used in place of this audio sample.

Licensing edit

	This is a sound sample from a song, movie, sound effect, or other audio recording that is currently copyrighted. The copyright for it may be owned by the company who made it or the author. For a song, it may also be owned by the person(s) who performed it. 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 U.S. by the non-profit Wikimedia Foundation, where: the sample is being used for commentary on the recording in question; the sample contributes significantly to the encyclopedia articles in which it is used (listed under the heading "File usage" 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 inferior quality to the original recording; no other samples from the same track are currently used in Wikipedia; there is no adequate free alternative available. A more detailed fair use rationale should be provided by the user who uploaded this sample. Any other uses of this sample, on Wikipedia or elsewhere, may be copyright infringement. If you are the copyright holder of this sample 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: If this is a free, non-copyrighted audio recording, please post it to Wikimedia Commons instead. Fair use //en.wikipedia.org/wiki/File:Dave_Brubeck_Quartet_-_Take_Five.ogg true
To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. Template:Non-free use rationale audio sample may be helpful for stating the rationale. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

Mp3 music-file source: https://mp3pro.xyz/vmDDOFXSgAs