Nothing is now something, and is a copyrighted work.  You can be sued for using it without permission. The Planets, by Mike Batt, a compilation of classical music contains a 60 second track of silence, entitled, One Minute Silence. The liner notes jokingly give credit for it to John Cage, an avant-garde experimentalist composer who died in 1992. Cage had once left a silent portion on a recording, entitled 4'33". Recently, Batt received a letter threatening to sue him for copyright infringement. Batt reacted with amusement, saying: "I've received a letter on behalf of John Cage's music publishers. I was in hysterics when I read their letter. "As my mother said when I told her, 'which part of the silence are they claiming you nicked?'. They say they are claiming copyright on a piece of mine called 'One Minute's Silence' on the Planets' album, which I credit Batt/Cage just for a laugh. But my silence is original silence, not a quotation from his silence." Although Mike Batt is laughing, the consequences of this suit going forward, and being successful are frightening. The Miranda warning police give people they arrest could be changed to, "You have no right to remain silent, as silence is a copyrighted work, and anything you say can and will be used against you in a court of law." Perhaps those being placed under arrest would have to start speaking gibberish to protect their rights. They would not be infringing on a copyright by publicly performing silence, nor incriminating themselves. An adequately crazy sounding gibberish tirade might even be useful for an insanity defense.