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Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use ...
Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992), [1] is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
Many of the same points of law that were litigated in this case have been argued in digital copyright cases, particularly peer-to-peer lawsuits; for example, in A&M Records, Inc. v. Napster, Inc. in 2001, the Ninth Circuit Court of Appeals rejected a fair use "space shifting" argument raised as an analogy to the time-shifting argument that ...
A Supreme Court debate Wednesday over parody and popular commercial brands was dominated by talk of whiskey bottles, dog toys, pornography and poop. The case, Jack Daniel's Properties Inc., v. VIP ...
Sack took note of Harper & Row ' s precedent allowing a court to consider and rule on fair use in considering a summary judgement motion where no facts were disputed by either parties, and considered the four fair-use factors. [35] Sack broke the first-factor test down into transformative, commercial use and parody sections. On the first ...
The Supreme Court was the source of a number of concepts in the field, including fair use, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents.
Here are five State Fair attractions that make it worth the drive: Big Tex. The State Fair of Texas wouldn’t be the same without a Texas-sized “Howdy, folks!” greeting by the one and only ...
For example, in Mattel, Inc. v. MCA Records, Inc., United States Court of Appeals for the Ninth Circuit permitted the band Aqua’s use of Mattel’s trademark in "Barbie" to sell songs, that MCA had a valid parody defense, as Aqua needed to use the word "Barbie" in its song "Barbie Girl," based on the fact that the use of the mark was (1 ...