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Yoko Ono/EMI Suit Exposes Fair Use Flaw
Ian Lamont writes "Yoko Ono and EMI Records have backed down from their suit against the makers of a documentary film who used a 15-second fragment of a John Lennon song — but only after a Stanford Law School group got involved. Even though the use of the clip was clearly Fair Use, the case exposed a huge problem with the doctrine: It's becoming too expensive for people to actually take advantage of what is supposed to be a guaranteed right. Ironically, the song in question was Imagine."
While I would love to see that, I think you are looking a little short sighted on this. Lets say someone like Dick Dale came on the scene. Early 60's. He played a little song called "Miserlou". He recorded it, enjoyed moderate success. Now in 1994, 34 years after the first 45 was released, some movie producer played that song in a movie. Now all of a sudden, that record is popular as hell. Yes the guy is still around, and he is making money hand over fist because he wrote a song, and is re-releasing that, his old stuff, and new stuff. This was his art. Yes it was 35 years before it's time, but he wrote it and recorded it. You cannot take that away from him.
If he was dead, yes, then I agree, it should not be left to all the family members. But the dude should be given his fair share, no matter what the time frame he happened to live.
Note: That song is the theme song to the "Pulp Fiction" movie. Now Miserlou is a Armenian lullaby sped up 4 times as fast and put through reverb and distortion on a guitar. But it was his composition.