Legal Question in Entertainment Law in New York

Boy, such a simple question and such a complex answer. If you're measuring merely by notes, ask the Beastie Boys, they got away with it. Ask a copyright purist and he/she may say it's a de minimus use. Ask the Sixth Circuit and you may not be happy with the response. Ask most lawyers, and they'll say, "it depends." Unfortunately, the latter is the correct answer. If the music is clearly recognizable and, for example, a sampling, you may very well be infringing. If it's unrecognizable, part of a transformative work that is a fair use, you're probably okay. Your facts are too, uh, de minimus, for a sensible response here.

If the notes are recognizeable and identifiable then licencing is required. That is the simple answer.