Sly Includes in His Song "Sneaky" a Few Seconds of Wily's

Sly includes in his song "Sneaky" a few seconds of Wily's copyrighted sound recording "Wits" 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.