Think of this though, I grew up learning the tight oldies through hip hop. I didn't know the meters, the freddie hubbards, or idris muhammads until I studied the liner notes of hip hop albums to see where the samples came from. In the same regard, I bought many hip hop records based solely on the shout-outs in the liner notes without ever hearing a song by the named artist. My feeling is that music and culture would both benefit from freedom of interpolation similar to painting and graphic design. I feel that the reason that musicians are so sample paranoid is because of ego. Each producer thinks he is better than the next, each guitarist thinks he has more riffs than the next, each drummer, turnablist, and trumpet player are all so high on themselves that they bring others down to bring themselves up. They feel a sample is stealing because they have a greater need to build themselves up. If you are really in it for the love you don't care about sampling or interpolating because it advances the art, culture, and your own relevancy if you are sampled. Roy Ayers, Idris Muhammad, and others who are put on pedestals within their field have realized this and embraced it. Plays are to be read and music is to be played, sung to, and danced to. It is not created for a vacuuum or time capsule, so we should be able to quote and build upon others advancements. It is the weak musicians to blame for the sorry legal precedents, because the dope ones will live forever, and the weak ones have to scrounge.
Peace