Wednesday, September 2, 2009

Supreme Court Case

This will be my Supreme Court Case for my final project: Cambell v. Acuff - Rose Music (92 - 1292, 510 U.S 569 (1994).This is what my Supreme Court Case is about: Respondent Acuff Rose Music, Inc., filed suit against petitioners, the members of the rap music group 2 Live Crew and their record company, claiming that 2 Live Crew's song, "Pretty Woman," infringed Acuff Rose's copyright in Roy Orbison's rock ballad, "Oh Pretty Woman." The District Court granted summary judgment for 2 Live Crew, holding that its song was a parody that made fair use of the original song. See Copyright Act of 1976, 17 U.S.C. section 107. The Court of Appeals reversed and remanded, holding that the commercial nature of the parody rendered it presumptively unfair under the first of four factors relevant under section 107; that, by taking the "heart" of the original and making it the "heart" of a new work, 2 Live Crew had, qualitatively, taken too much under the third section 107 factor; and that market harm for purposes of the fourth section 107 factor had been established by a presumption attaching to commercial uses. You can find additional information at these links: http://supreme.justia.com/us/510/569/, http://www.bc.edu/bc_org/avp/cas/comm/free_speech/campbell.html
This is a unique case when it comes to making a parody, taking a song that someone else wrote and putting your own spin on it. This case sets the standards when it comes to producing a parody.

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