In regards to musical samples and such, what's considered transformative (or Fair Use) and what's not... that's what gets interesting.
A person is legally entitled to use a recording of something, or a pre-made instrument for a non-sampler synthesizer, as long as the recording, itself, isn't identified as a work within the context of the song. When the intention is to use it as a musical instrument, it's guaranteed to be considered transformative, but using something like lyrics as is, or a quote from a song, without intending it as a musical instrument, if you're presenting the thought as is in some manner, then it's not considered transformative, and it's not considered Fair Use.
This rule applies even when the nature of the musical format that stores the song would automatically grant the ones getting those songs the recordings or pre-made instruments used for the song. If it did not, musical formats such as module files, or even music made for the SNES, wouldn't be legal, as even l