Janine, a composer, samples a recently-recorded work by another artist and incorporates it into the new work she is writing. Janine's piece will be used for a non-profit event, and she is only using 3 measures (approximately 12 seconds) of sampled music. Based on these facts, Janine:

Is an infringer

Is protected by Fair Use

Is protected by De Minimus Use

Is a Joint Author of the new work, and therefore her use is legal