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Questions and Answers
In the copyright infringement case over 2 Live Crew's parody of 'Oh, Pretty Woman,' what did the Supreme Court say about lethal parodies?
In the copyright infringement case over 2 Live Crew's parody of 'Oh, Pretty Woman,' what did the Supreme Court say about lethal parodies?
What is a threshold question in a fair-use case involving a parody according to Campbell v. Acuff-Rose?
What is a threshold question in a fair-use case involving a parody according to Campbell v. Acuff-Rose?
Whether the parodic character of the allegedly infringing work can be perceived.
What should the trial court have considered in assessing the effect of the 2 Live Crew parody on the market?
What should the trial court have considered in assessing the effect of the 2 Live Crew parody on the market?
The likely impact on a nonparody rap version of the original.
The Supreme Court stated that parodies never copy highly creative and expressive works.
The Supreme Court stated that parodies never copy highly creative and expressive works.
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Why did the Supreme Court find the 2 Live Crew parody of 'Oh, Pretty Woman' transformative?
Why did the Supreme Court find the 2 Live Crew parody of 'Oh, Pretty Woman' transformative?
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The first fair-use factor primarily asks whether the new work is __________.
The first fair-use factor primarily asks whether the new work is __________.
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What does Justice Souter say about the central purpose of the first fair-use factor?
What does Justice Souter say about the central purpose of the first fair-use factor?
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What did the Supreme Court say regarding the amount and substantiality of the portion used in parodies?
What did the Supreme Court say regarding the amount and substantiality of the portion used in parodies?
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What did the Supreme Court conclude about the commercial nature of the parody?
What did the Supreme Court conclude about the commercial nature of the parody?
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What was the reason the Sixth US Circuit Court of Appeals reversed the district court's decision regarding 2 Live Crew's use?
What was the reason the Sixth US Circuit Court of Appeals reversed the district court's decision regarding 2 Live Crew's use?
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Study Notes
Overview of Campbell v. Acuff-Rose Music, Inc.
- Case centers on copyright infringement related to 2 Live Crew's parody of "Oh, Pretty Woman."
- Supreme Court highlighted the potential harm of a parody that may diminish the demand for the original work.
Fair Use and Parody
- A crucial fair-use question is the perception of the parodic nature of the allegedly infringing work.
- The transformation of the original work is a significant aspect of fair use evaluation.
Court's Findings on Market Impact
- When evaluating market effects, courts should assess potential impacts of nonparody versions of the original work.
Nature of Original Work
- The original song is recognized as highly creative and expressive, reinforcing its copyright protection.
Transformative Nature of Parody
- The Supreme Court deemed the 2 Live Crew parody as transformative, criticizing the original's naïveté and addressing street life issues.
Transformative Use and Fair Use Factors
- The first fair-use factor focuses on whether the new work is transformative and adds something new to the original.
- Justice Souter remarked on the importance of transforming the original's character, purpose, or message.
Third Fair-Use Factor
- Regarding the amount used, parodies can incorporate enough of the original that audiences can recognize the target of criticism.
Commercial Nature of Parody
- The commercial aspect of a parody is considered but is not definitive in determining fair use; it is merely one factor.
District Court vs. Appeals Court Rulings
- Initially, the district court ruled in favor of 2 Live Crew's fair use.
- However, the Sixth US Circuit Court of Appeals reversed the decision, labeling the parody as a commercial use, presumptively unfair.
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Description
Test your knowledge on the landmark Supreme Court case Campbell v Acuff-Rose Music, Inc. This quiz features key concepts and terms related to copyright infringement and fair use, particularly regarding parody. Enhance your understanding of legal principles surrounding intellectual property rights.
