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BirdCat, you make a good point. Many documentarians and civil libertarians agree that “fair use” should cover music recorded incidentally while shooting on location. I myself would agree that this is the way it should be. Alas, the recording industry disagrees — and they have deep pockets, and there’s no way to know for sure how the axe will fall until your neck is already on the chopping block. If you want to take a stand you might win, but it’ll be you vs. RIAA’s sixteen law firms, and their strategy is often to wear you down until you have to settle.
Lawyers can’t go wrong by advising their clients not to do something (in this case, not to use music without the appropriate license). Make sure that you ask a lawyer who specializes in entertainment law, as the issues are complicated.