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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 analysis.
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 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 .
Four years later, in Campbell v. Acuff-Rose Music, Inc., a case brought over 2 Live Crew's parody of Roy Orbison's song "Oh, Pretty Woman", the Supreme Court cited Leval's paper and recognized transformative use as something courts could consider in the fair use analysis. [5]
Four years later, in Campbell v. Acuff-Rose Music, Inc., a case brought over 2 Live Crew's parody of Roy Orbison's "Oh, Pretty Woman", the Supreme Court cited Leval's paper and recognized transformative use as something courts could consider in the fair use analysis. [7] [8]
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 ...
In permitting parody without permission, the decision followed the 1994 United States Supreme Court decision in Campbell v. Acuff-Rose Music, Inc. which ruled that 2 Live Crew's unlicensed use of the bass line from Roy Orbison's song "Oh, Pretty Woman" could constitute fair use even though the work was a commercial use, and extended that ...
The court also rejected the defendant's fair use defense finding that any transformative purpose possessed in the derivative work was "slight to non-existent" under the Supreme Court ruling in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).