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A Little Fair Use of "Rush the Knife"

BEGIN TRANSCRIPT

RUSH: So you've been -- did you say waking up, dreaming, or nightmare-ing, which is it?  Snerdley just told me that he's been waking up the past three days singing Rush the Knife, one of the very, very early musical selections that we featured on this program, one of the parodies.  Actually, it came in over the transom.  A FedEx or UPS driver, I forgot which, in Las Vegas, just went into the studio and wrote a version of Mack the Knife to Rush the Knife.  We haven't been able to play it because the rights holders want a phenomenal amount of money every year.  They do, they want a phenomenal amount of money every year for the licensing rights, ASCAP, whatever it is.  We have skirted the issue on anniversary programs to play it.  Now, you're telling me this because you just want to hear it.  You've been waking up singing it.

(interruption)

What was that, Mike?  What did you say?  (laughing)  Yeah.  He'll send you the MP3. We could play, what, 10, 15 seconds of it under fair use?  Maybe 30 seconds of it under fair use would be legal?  Okay, Mike, do you have it handy by any chance?  Let's listen to 30 seconds of it because we're legal if we just play 30 seconds of it, 25 seconds. 

(playing of song) 

Twenty seconds. 

(continued playing of song) 

Fifteen seconds. 

(continued playing of song) 

Twenty seconds. 

(continued playing of song) 

Four, three, two, one.  That's it.  Well, hang on, we'll play another 30 seconds here in a minute.  Just keep it right there.  This had to be 1989 or '90. Let's play another 30 seconds of it, Mike. 

(continued playing of song) 

Thirty seconds.  That's it.  We're really skirting this if we do more.  You can play 16 bars, basically, and that's it, that constitutes the fair use.  And we could play maybe another 16 bars down the road.

END TRANSCRIPT

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