You've probably already heard about the Sixth Circuit's decision in Bridgeport Music v. Dimension Films, holding that even a small amount of unauthorized music sampling can be copyright infringement. You may not know that everyone's favorite paragon of balance and moderation in IP rights, the Recording Industry Association of America, filed an amicus brief opposing the ruling and asking the court to rehear Bridgeport en banc. They write:
"For more than a decade, the music industry has conformed its conduct to the existing rules-obtaining licenses for sampling when appropriate, and relying on de minimus[sic] and fair use principles if and where they apply. The panel's abrupt and dramatic change in the law ... creates retroactive liability for anyone who may have properly relied on the previously existing rules."
With apologies to my ex-boss: We're glad the RIAA wants to keep fair use - we'd just like them to share.