Campbell v. Acuff-Rose Music, Inc.
United States Supreme Court
510 U.S. 569 (1994)
Relevant factsFree
2 Live Crew (defendants) wrote "Pretty Woman," copying Roy Orbison's opening bass riff and first lyric line from "Oh, Pretty Woman" (rights held by Acuff-Rose, plaintiff) while replacing the romantic lyrics with crude, satirical ones intended to mock the original's romantic sensibility; the district court granted 2 Live Crew summary judgment on fair use, but the Sixth Circuit reversed, finding the song's "blatantly commercial purpose" defeated fair use and that too much of the original was copied, and the Supreme Court granted certiorari.
IssueFree
Whether the commercial nature of a parody is dispositive in the fair-use analysis under the Copyright Act's four statutory factors.
Related cases
Cambridge University Press v. Patton769 F.3d 1232 (11th Cir. 2014)Bleistein v. Donaldson Lithographing Co.188 U.S. 239 (1903)RealNetworks, Inc. v. Streambox, Inc.No. 2:99CV02070 (2000)Sony Corporation of America v. Universal City Studios, Inc.464 U.S. 417 (1984)Religious Technology Ctr. v. Lerma40 U.S.P.Q.2d 1569 (1989)