File:Don McLean - American Pie.ogg

Don_McLean_-_American_Pie.ogg (Ogg Vorbis sound file, length 40 s, 60 kbps, file size: 292 KB)

Summary

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Media data and Non-free use rationale
Description Excerpt from Don McLean's "American Pie", from the 1971 album of the same name.
Author or
copyright owner
Don McLean
Source (WP:NFCC#4) American Pie (United Artists Records)
Date of publication 1971
Use in article (WP:NFCC#7) The Day the Music Died
Purpose of use in article (WP:NFCC#8) The song dubbed the accident in which Buddy Holly, Ritchie Valens and the Big Bopper died "The Day the Music Died". This excerpt of the song intends to illustrate its relation to the article.
Not replaceable with
free media because
(WP:NFCC#1)
As an audio recording released in the United States in 1971, with the artist still alive as of 2024, the original recording still remains under copyright. Thus, no free media can be made from this recording outside of fair use.
Minimal use (WP:NFCC#3) Excerpt of a 00:40 of a song of 8:33. Quality reduced to Ogg Vorbis VBR 0 (59.8 kbp/s).
Respect for
commercial opportunities
(WP:NFCC#2)
The use of a sample of the recording does not prevent the copyright holder from distributing the original full recording for commercial purposes.
Fair useFair use of copyrighted material in the context of The Day the Music Died//en.wiki.x.io/wiki/File:Don_McLean_-_American_Pie.oggtrue

Licensing

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Rationale of fair use for "The Day The Music Died" sample

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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 40 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.

File history

Click on a date/time to view the file as it appeared at that time.

Date/TimeThumbnailDimensionsUserComment
current12:58, 3 February 202440 s (292 KB)WikiPediaAid (talk | contribs)Improved audio quality. (Exported from Audacity at Ogg Vorbius VBR quality 0.)
17:16, 21 February 2013No thumbnail40 s (219 KB)GDuwen (talk | contribs)Uploading an excerpt from a non-free work using File Upload Wizard

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Transcode status

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Format Bitrate Download Status Encode time
MP3 172 kbps Completed 10:06, 13 October 2024 2.0 s

Metadata