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?
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?
The likely impact on a nonparody rap version of the original.
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?
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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?
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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?
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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?
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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.
