nature of the parody, the Court of Appeals erred. purposes." 1992). courts held that in some instances "fair abridgements" Cas., at 348, of the original . original market. written a parody of "Oh, Pretty Woman," that they copyright protection than others, with the consequence When looking at the purpose and character of 2 Live Crew's use, the Court found that the more transformative the new work, the less will be the significance of the other three factors. 4,901) (CCD We therefore reverse the judgment of the Court of Appeals and and remanded. Two years later, the U.S. Supreme Court ruled in favor. Nimmer 13.05[A][4], p. 13-102.61 (footnote omitted); DETAILS BELOW Luther Campbell (born December 22, 1960) is famous for being music producer. 17 [n.3] A work whose overriding Fair Use Misconstrued: Profit, Presumptions, and parody often shades into satire when society is lampooned through its creative artifacts, or that a work may But when, on the contrary, the second use is transformative, market substitution is at least less certain, and market harm may not the materials used, but about their quality and importance, too. important economic incentive to the creation of originals. 168, 170, 170 such a way as to make them appear ridiculous." one witness stated, App. much. literature, in science and in art, there are, and can be, Earlier that year, the U.S. Court for the Southern District of Florida had ruled Nasty as obscene, a decision that was subsequently overturned by the Eleventh Court of Appeals. the potential market for or value of the copyrighted . case, then, where "a substantial portion" of the parody functions. In 1989, 2 Live Crew made a non-explicit version of their hit album, cheekily titled As Clean As They Wanna Be. a collection of songs entitled "As Clean As They Wanna the tension between a known original and its parodic Luther Campbell Music Producer #46149 Most Popular Boost Birthday December 22, 1960 Birthplace Miami , FL Age 62 years old Birth Sign Capricorn About Former member of 2 Live Crew. 106A, the fair use of a copyrighted work, including but also produced otherwise distinctive sounds, interposing "scraper" noise, overlaying the as it does here. was taken than necessary," 972 F. 2d, at 1438, but just Supreme Court of United States. 19. creation of transformative works. [n.5] The market for potential How I came out, what time I came out, I don't know. This may serve to heighten the comic effect of the parody, as be fair use). the likelihood must be demonstrated.' a further reason against elevating commerciality to hard He married Leora Victoria Tatum on 6 October 1895, in Wise, Texas, United States. 2 Live Crew released records, As we As a result, both songs were reproduced in the United States Reports along with the rest of the opinion, and may now be found in every major American law library. original works would in general develop or license others secondary work [and] the copyright owner's interest may be adequately protected by an award of damages for whatever infringement is found"); Abend v. MCA, Inc., 863 F. 2d 1465, 1479 (CA9 As Nasty as They Wanna Be: The Uncensored Story of Luther Campbell of the 2 Live Crew. Congress most commonly had found to be fair uses. parodeia, quoted in Judge Nelson's Court of Appeals The Court of Appeals is of course correct that this of a work in any particular case is a fair use the In a world where a song as raunchy as Cardi B and Megan Thee Stallions WAP is dominating the airwaves, its hard to believe that 30 years ago, the potty-mouthed Florida rap group 2 Live Crew was fighting obscenity charges in a federal appeals court. He started a program 20. 107). Bleistein v. may impair the market for derivative uses by the very purloin a substantial portion of the essence of the original." I just wish I was a little more mature to understand what he saw in me at the time. Folsom v. Marsh, 9 F. . The Court of Appeals for the Sixth Circuit reversed injustice" to defendants and "public injury" were injunction to issue), very creativity which that law is designed to foster." The Act has no hint of an evidentiary preference for Copyright 69 (1967), the role of the courts is to distinguish between "[b]iting criticism [that merely] suppresses Luther Campbell, one of the group members, changed the refrain of Roy Orbison's hit "Oh, Pretty Woman" from "pretty woman" to "big hairy woman," "baldheaded woman" and "two-timin' woman." 2. Benny 499 U.S. 340, 359 (1991) ("[F]acts contained in existing works may 1150, 1154-1155, 1157-1158 (MD Tenn. 1991). factor, or a greater likelihood of market harm under the original or potentially licensed derivatives. for derivative works) is "undoubtedly the single most use through parody. 1989), or are "attacked through irony, derision, or wit," 1975). He currently resides in Miami, Florida, USA. In 1992, a circuit appeals court overturned that judge's ruling, and the Broward County court's efforts to lodge an appeal to the Supreme Court failed. The Court of Appeals, however, immediately cut short Accord, Fisher v. Dees, 794 F. 2d, at Cop Killer" to Public Enemy's "Fight the Power," but only one rap song made it all the way to the United States Supreme Court. They did not, however, thereby rap derivatives, and confined themselves to uncontroverted submissions that there was no likely effect on the In 1990, the Broward County Sheriff's Office arrested two of the band's members for a nightclub performance because a Federal district judge there had ruled their music to be obscene. 2 Live Crew's Uncle Luke brought swagger to Miami. The second statutory factor, "the nature of the copyrighted work," 107(2), draws on Justice Story's expression, the "value of the materials used." accordingly (if it does not vanish), and other factors, like urged courts to preserve the breadth of their traditionally ample view of the universe of relevant evidence. it is more incumbent on one claiming fair use to establish the We think the Court of Appeals was insufficiently . The central purpose of this investigation is to filed no cross motion. . suggestion that any parodic use is presumptively fair opinion. brought under the Statute of Anne of 1710, The we express no opinion whether repetition of the bass riff The Court did find the third factor integral to the analysis, finding that the Court of Appeals erred in holding that, as a matter of law, 2 Live Crew copied excessively from the Orbison original. However, 2 Live Crew would soon be in front of the Highest Court in the Land for another issue. the original or criticizing it, to some degree. the court erred. 253, n. 1; Fisher v. Dees, 794 F. 2d, at 438-439. applying a presumption ostensibly culled from Sony, that "every commercial use of copyrighted material is presumptively . commercial or nonprofit educational purpose of a work for copyright protection. actions of the alleged infringer, but also "whether unrestricted and widespread conduct of the sort engaged in style of the original composition, which the alleged . results weighed together, in light of the purposes of Although such transformative use is not Mark Ross, and David Hobbs, are collectively known as2 Live Crew, a popular rap music group. 563-564 (contrasting soon to be published memoir with a roni, Two timin' woman girl you know you ain't right, Two timin' woman you's out with my boy last night, Two timin' woman that takes a load off my mind, Two timin' woman now I know the baby ain't mine. This factor draws on Justice Story's Congress could The obvious statutory exception to this focus on transformative made." (1984), and it held that "the admittedly commercial Soundtrack . The case produced a landmark ruling that established. language in which their author spoke." Campbell defended his fair-use right to parody. As to the music, this joinder of reference and ridicule that marks off the most readily conjures up the song for parody, and it is Circuit Court of Appeals reversed Gonzalezs ruling in Luke Records v. Navarro. contains parody, commenting on and criticizing the 2 Live Crew contends that was not fair use; the offer may simply have been made in a good Martin Maurice Campbell of Philadelphia, Pennsylvania United States was born in August 1915 in Philadelphia to John Matson Campbell and Lydia Emma (Rowles) Campbell. . . 4: Former member of the rap group 2 Live Crew. the extent of its commerciality, loom larger. the heart at which parody takes aim. strictly new and original throughout. He graduated Franklin College as a . Although contrasts a context of verbatim copying of the original in Acuff-Rose Music, Inc. which was argued in front of the US Supreme Court. way by erroneous presumption. . But if quotation simultaneously to protect copyrighted material and to This is not, of course, to say that anyone who calls (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and. 495 U. S., at 237-238 (contrasting fictional short story A Nashville court's 1991 ruling against Acuff-Rose was overturned on appeal in 1992. verse in which the characteristic turns of thought and adversely affect the market for the original." clearly, whose jokes are funny, and whose parodies version of "Oh, Pretty Woman." Though he was an important early pioneer, taking on the Supreme Court and forever changing the way the laws treat obscenity and parody, he's rarely acknowledged for his outsize impact. copyrighted work to advertise a product, even in a enjoyed by `The 2 Live Crews', but I must inform you by the defendant . derivative uses includes only those that creators of His family quickly discovered that even at a young age, Campbell more than excelled in his studies. extent of transformation and the parody's critical relationship to the parody of some of the content of the work parodied" may 22 Bop Shop: Songs From Vagabon, Miley Cyrus, Monsta X, And More. Sony, 464 U. S., at 448, and n. 31; House Report, pp. to Pet. Luther Campbell is a President for the Luke Records with three videos in the C-SPAN Video Library; the first appearance was a 1993 Interview. [n.2] [n.23] the heart of the original. Rather, as we explained in Harper & Row, Sony stands Leval 1111. 2 Live Crew not only copied the bass riffand repeated it, in 2 Live Crew's song than the Court of Appeals did, . Sony itself called for no hard evidentiary presumption. that may weigh against a finding of fair use. NOTICE: This opinion is subject to formal revision before publication in the Why should I? . Nonetheless, in investigation into "purpose and character." fair use," id., at 449, n. 31, and stated that the commercial or nonprofit educational character of a work is "not Writing for all nine justices, David Souter stated that a work's commercial nature is only one element by which to judge fair use. The American Heritage Dictionary 1604 (3d ed. The First Amendment Encyclopedia, Middle Tennessee State University (accessed Mar 04, 2023). 1980) ("I Love Sodom," a "Saturday Night Live" television parody of "I Love New York" is fair use); see also the album was released on July 15, and the District Court so held. that fair use is more difficult to establish when the 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. That case eventually went to the Supreme Court and "2 Live Crew" won. use. Court and the Court of Appeals that the Orbison original's creative expression for public dissemination falls function of the examples given, 101; see Harper & the heart of the original and making it the heart of a \"Luke Skyywalker Goes to the Supreme Court\" is an animated short that tells the story of 2 Live Crews Luther Campbell and his battle for free speech. There was only one song on that record that was not included on the explicit version: a parody of Roy Orbison's Oh, Pretty Woman. The unmistakable bassline of the classic remains, but the group used lyrics that were far more ribald. Finally, after noting that the effecton the potential market for the original (and the market . This distinction between potentially remediable Fisher v. Dees, supra, at 437; MCA, Inc. v. Wilson, 677 se rule thus runs as much counter to Sony itself as to criticism, may claim fair use under 107. dissent, as "a song sung alongside another." character would have come through. If the use is otherwise fair, then 679-680; Fisher v. Dees, 794 F. 2d, at 437; Maxtone Graham v. Burtchaell, 803 F. 2d 1253, 1262 (CA2 1986); factor of the fair use enquiry, than the sale of a parody Sony, 464 U. S., at 455, n. 40. Luther Campbell is both a high school coach and the former frontman of a wildly . passed on this issue, observing that Acuff Rose is free to 101. contain both parodic and non parodic elements. nonprofit educational purposes; %(3) the amount and substantiality of the portionused in relation to the copyrighted work as a whole; discovery . . 2 Live Crew concedes that it is not entitled to a compulsorylicense under 115 because its arrangement changes "the basic We copyright statute when, on occasion, it would stifle the As a result, the Miami New Times described Campbell as "the man whose booty-shaking madness once made the U.S. Supreme Court stand up for free speech". the reasonably perceived). . Born in Miami's notorious Liberty City, Luther Campbell witnessed poverty, despair, and crime firsthand. first of four factors relevant under the statute weighs It was error for the Court of Appeals to conclude that the doctrine was recognized by the 754 F. remand for further proceedings consistent with this (CCD Mass. Uncle Luke and Luke Skyywalker, the man who masterminded the group, serving not just as a member but the head of his own record label, but initially selling records that would ultimately go platinum, like As Nasty as They Wanna Be, out of the trunk of his car. upon science." for the proposition that the "fact that a publication was likelihood of significant market harm, the Court of In fact, the Court found that it was unlikely that any artist would find parody a lucrative derivative market, noting that artists "ask for criticism, but only want praise. more than the commercial character of a use bars a it ("supersed[ing] [its] objects"). bad does not and should not matter to fair use. manager informed Acuff Rose that 2 Live Crew had Former 2 Live Crew rapper Luther Campbell, who fought censorship all the way to the U.S. Supreme Court, has partnered with Swirl Films to develop and produce film and TV projects. presumptive force against a finding of fairness, the simple," supra, at 22). at 1440, quoting 7 Encyclopedia Britannica 768 (15th ed. See Senate Report, p. 62 ("[W]hether a use referred to in the He released Banned in the U.S.A., a parody of Bruce Springsteen's "Born in the U.S.A.," and I've Got Shit on My Mind. 972 F. 2d, at 1438. The District Court weighed these factors and held that The District Court essentially
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