Let's not forget the butchery that was done in S3-5 of "The Odd Couple" were MUCH valuable program content was lost as a result of some idiot cost-cutter at CBS/Paramount deciding that the slightest trace of a song lyric meant losing the scene no matter how incomprehensible the results (the loss of "Cocktails For Two" makes "Strike Up The Band Or Else" a totally unwatchable episode).
The problem with the studios is that the legal departments are afraid of passing any incidental presence of music that would be "fair use" as they just don't want the headaches to defend it. It's easier to snip-snip-snip and disapoint a handful of buyers.
When will one of the majors take a stand and defend their constitutional rights. A commercial work does have the same rights to use fair use as a non-commercial one.
A line or two with the words of a song,an actor whistling or humming a tune unintental music in the background of the scene that wasn't planned or expected - These are "fair use" as they do not take away from the actual music work.
Take that scene cut from that Adams Family episode where Mortisha is sining a parody of "It's nice to have a man around a house" as "It's nice to have a thing around the house" - They CUT it on the DVD release (and mind us, it was on previous VHS and LD releases) IT'S BLOODY FREEKIN PARODY - which is protected by the consitution and fair use. http://en.wikipedia.org/wiki/Campbell_v._Acuff-Rose_Music,_Inc.
Edited by DeWilson - 8/6/10 at 12:06am
