Is Parody Fair Use?
Some Artists Might Get Touchy Feely About Others Poking Fun At Their Music
Some artists might get touchy feely about others poking fun at their music and making parodies of their songs but they are powerless to do anything because of the landmark copyright case Campbell v Acuff-Rose Music, Inc.
In this case, the group 2 Live Crew made a parody of Roy Orbison’s “Oh Pretty Woman” without permission from the song’s copyright holder Acuff-Rose Music, Inc. At trial, the court had to decide whether a parody was fair use under copyright law.
The Court ruled in favor of 2 Live Crew concluding that their parody was a fair use of the original song. The key factors the Court considered were:
- Purpose and character of the use: The parody was transformative, serving a different purpose and creating a new work.
- Nature of the copyrighted work: The original song was a popular, well-known work.
- Amount and substantiality of the portion used: The parody used portions of the original song that were necessary to convey its message.
- Effect of the use on the potential market for or value of the copyrighted work: The parody did not harm the market for the original song.
This case set a precedent for fair use in copyright law, emphasizing that transformative works can be protected even if they use elements of copyrighted material. It also highlighted the importance of considering the overall context and purpose of the use when determining whether it constitutes fair use.
