Practice question
A court evaluates a song sample used commercially to help buyers decide which licensed ringtone to buy. The claimant says commerciality alone ends the fair-use inquiry. Which answer follows Wolfpac?
- The court must still assess purpose, nature, amount and market effect in context
- Commerciality automatically ends the inquiry in the claimant’s favor
- A sample under twenty seconds is always fair regardless of context
- Calling a use promotional automatically supplies a license
- Every complete song may freely be sold if called a sample
Legal references
- FILSCAP v. Wolfpac Communications, GR184661, February25 2025, M.Lopez ENBANC MAIN: https://lawphil.net/judjuris/juri2025/feb2025/gr_184661_2025.html MAIN fair-use analysis, especially limited consumer-choice purpose.
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