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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 ...
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court’s unanimous 9-0 ruling in Campbell v.
Acuff-Rose Music Inc, [13] the U.S. Supreme Court held that when the purpose of the use is transformative, this makes the first factor more likely to favor fair use. [14] Before the Campbell decision, federal Judge Pierre Leval argued that transformativeness is central to the fair use analysis in his 1990 article, Toward a Fair Use Standard. [11]
Leval's article is cited in the Supreme Court's 1994 decision in Campbell v. Acuff-Rose Music, Inc., which marked a shift in judicial treatment of fair use toward a transformativeness analysis and away from emphasizing the "commerciality" analysis of the fourth factor. Prior to Leval's article, the fourth factor had often been described as the ...
Acuff-Rose Music was involved in a landmark copyright infringement case in the 1990s: Campbell v. Acuff-Rose Music, Inc. (510 U.S. 569; 1994). In dispute was the use by rap artist Luther Campbell (then using the alias "Luke Skyywalker") and his band 2 Live Crew of a substantial amount of the Roy Orbison hit song "Oh, Pretty Woman" in a parody.
The modern emphasis of transformativeness in fair use analysis stems from a 1990 article by Judge Pierre N. Leval in the Harvard Law Review, Toward a Fair Use Standard, [2] which the Supreme Court quoted and cited extensively in its Campbell opinion. In his article, Judge Leval explained the social importance of transformative use of another's ...
Pages in category "Fair use case law" The following 56 pages are in this category, out of 56 total. ... Campbell v. Acuff-Rose Music, Inc. Cariou v. Prince;
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