Legal Opinion
Campbell v. Acuff-Rose Music, Inc.
Supreme Court of the United States
Decided March 7, 1994No. 92-1292PublishedCited by 624 opinions
1Opinion of the CourtJustice Souter
We are called upon to decide whether 2 Live Crew’s commercial parody of Roy Orbison’s song, “Oh, Pretty Woman,” *572may be a fair use within the meaning of the Copyright Act of 1976,17 U. S. C. § 107 (1988 ed. and Supp. IV). Although the District Court granted summary judgment for 2 Live Crew, the Court of Appeals reversed, holding the defense of fair use barred by the song’s commercial character and excessive borrowing. Because we hold that a parody’s commercial character is only one element to be weighed in a fair use enquiry, and that insufficient consideration was given to the nature of…
2Cases cited18 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Stewart v. AbendSupreme Court of the United States · 1990
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by624 opinions
- Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
- Leadsinger, Inc. v. BMG Music PublishingCourt of Appeals for the Ninth Circuit · 2008
- Salinger v. ColtingCourt of Appeals for the Second Circuit · 2010
- A&M Records, Inc. v. Napster, Inc.Court of Appeals for the Ninth Circuit · 2001
- Brownmark Films, LLC v. Comedy PartnersCourt of Appeals for the Seventh Circuit · 2012
619 more not listed; retrieve them via the Exa API.