Mellotronists

Hello all
Surely you couldn't possibly be sued if you used the spanish guitar 
riff from Bungalow Bill because the Beatles didn't write that part of 
the song!  Okay, if you got a copy of the White Album and sampled the 
sound off that I suppose you could then be sued by EMI as the CD (or 
vinyl etc) is their recording and therefore their copyright.
But as regards other Mellotron sounds, if you buy a Mellotron (or 
otherwise pay to use it, for example by hiring one or using one 
belonging to a studio) then you have the right to use those sounds as 
you see fit.  Don't you?
It's no different, surely, from using a factory preset on a DX-7?  
Remember that shakuhachi sample form Slegehammer that showed up 
everywhere in the 80's?  I don't remember Peter Gabriel suing anyone!

Regards,
Steve.