Well, what Noxon said is basically true as to the general rule of law. But in practice, this sort of thing can get much, much more messy. Bands, labels, etc. do file lawsuits over this kind of thing. It ends up being more nuanced sometimes, and can be an expensive and time-consuming proposition to litigate, even though those kinds of lawsuits don't end up going anywhere. I say all that just to say that Mike is not a lawyer and may very well NOT know all the rules and legal nuances. There are lots of things to fault him for, but this comment isn't really one of them.