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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.
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.
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 ...
[citation needed] The parody argument also failed, as the appeals court drew a distinction between creating a parody of modern society in general and a parody directed at a specific work, finding parody of a specific work, especially of a very obscure one, too weak to justify the fair use of the original.
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 ...
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 ...
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]