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Campbell v. Acuff-Rose Music, Inc. Acuff-Rose Music refused to grant the band a but 2 Live Crew nonetheless produced and Horny women in Campbell the parody. Almost a year later, after nearly a quarter of a million copies of the recording had been sold, Acuff-Rose sued 2 Live Crew and its record company, Luke Skyywalker Recordsfor copyright infringement. Justice Souter began by describing the inherent tension created by the need to simultaneously protect copyrighted material and allow others to build upon it, quoting Lord Ellenborough : "While I shall think myself bound to secure every man in the enjoyment of his copyright, one must not put manacles upon science.

The Court elaborated on this tension, looking to Justice Story 's analysis in Folsom v. Marsh9 F. Horny women in Campbell the provisions of sections and A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching including multiple copies for classroom usescholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—. The Supreme Court then found the aforementioned factors must be applied to each situation on a case by case basis. Like a book review quoting the copyrighted material criticized, parody may or may not be fair use, and petitioner's suggestion that any parodic use is presumptively fair has no more justification in law or fact than the equally hopeful claim that any use for news reporting should be pd fair. When looking at the purpose and character of 2 Live Crew's use, the Court found that the more transformative the new work, the less will be the ificance of the other three factors.

The court found that, in any event, a work's commercial nature is only one element of the first factor enquiry into its purpose and character, quoting Sony Corp. Universal City Studios, Inc. The Supreme Court found the Court of Appeals analysis as running counter to this proposition. The Court did find the third factor integral to the analysis, finding that the Court of Appeals erred in holding that, as a matter of law, 2 Live Crew copied excessively from the Orbison original.

Souter reasoned that the "amount and substantiality" of the portion used by 2 Live Crew was reasonable in relation to the band's purpose in creating a parody of " Oh, Pretty Woman ". The majority reasoned "even if 2 Live Crew's copying of the original's first line of lyrics and characteristic opening bass riff may be said to go to the original's 'heart,' that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim.

Looking at the final factor, the Supreme Court found that the Court of Appeals erred in finding a presumption or inference of market harm such as there had been in Sony. Parodies in general, the Court said, will rarely substitute for the original work, since the two works serve different market functions. While Acuff-Rose found evidence of a potential "derivative" rap market in the very fact that 2 Live Crew recorded a rap parody of "Oh, Pretty Woman" and another rap group sought a to record a rap derivative, the Court found no evidence that a potential rap market was harmed in any way by 2 Live Crew's parodic rap version.

In fact, the Court found that it was unlikely that any artist would find parody a lucrative derivative market, noting that artists "ask for criticism, but only want praise. The Supreme Court reversed the court of appeals and remanded the case. On remand, the parties settled the case out of court. According to press reports, under terms of the settlement, Acuff-Rose dismissed its lawsuit, and 2 Live Crew agreed to the sale of its parody of the song.

Although Acuff-Rose stated that it was paid under the settlement, the terms were not otherwise disclosed.

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Notably, Justice Souter attached the lyrics of both songs as appendixes to his majority opinion for the Court. As a result, both songs were reproduced in the United States Reports along with the rest of the opinion, and may now be found in every major American law library. United States Supreme Court case. LEXIS Library of Congress : Supreme Court Article I case law. Enumeration Clause of Section II. Utah v. Evans Department of Commerce v. New York Trump v. New York Powell v. McCormack U. Term Limits, Inc. Thornton Elections Clause of Section IV.

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