Basso Includes in His Song "Chords" a Few Seconds of Dante's

Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" without permission. Some federal courts have found that such digital sampling is

A) ​a violation of copyright law.
B) ​a "fair use" exception to the provisions of the act.
C) ​not a "fair use" exception to the provisions of the act.
D) ​all of the choices.