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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.
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 ...
The Campbell court held that hip-hop group 2 Live Crew's parody of the song "Oh, Pretty Woman" was fair use, even though the parody was sold for profit. Thus, having a commercial purpose does not preclude a use from being found fair, even though it makes it less likely. [16]
At trial, the Southern District of New York found the use to be fair.. On appeal, the United States Court of Appeals for the Second Circuit affirmed.. Examining the four fair use factors, the court found that although Paramount's photographer drew heavily from Leibovitz' composition, in light of Paramount's parodic purpose and absence of market harm the use of the photograph was a fair use.
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 ...
Oral argument took place on March 22, 2023. [4] The court issued its unanimous ruling on June 8, 2023. The opinion, written by Justice Elena Kagan, dismissed the arguments over the Rogers test, and instead found for Jack Daniel's as VIP was using the parody of Jack Daniel's trademark as its own trademark, a violation of trademark law. [5]
The court addressed Penguin's fair use defense under parody by analyzing the four factor test in 17 U.S.C. § 107 and concluded that the District Court's ruling against fair use was not erroneous. For the first factor analyzing the purpose and commercial use of the work, the court determined it to be against fair use based on the commercial use ...
In honor of National Comedy Month, theGrio ranks the best music spoofs from the classic Fox sketch show “In Living The post Top 10 ‘In Living Color’ music parodies appeared first on TheGrio.