Campbell V. Acuff-Rose Music Inc Summary

I ultimately chose to research the Campbell v. Acuff-Rose Music, Inc. case for my out-of-class assignment. The decision in this case was reached on March 7, 1994, after the matter had been debated since November 9, 1993. Fair use in the context of parody was examined in the well-known copyright case of Campbell v. Acuff-Rose Music, Inc. The case was sparked by the publication of "Pretty Woman," a parody of Roy Orbison's "Oh, Pretty Woman" by 2 Live Crew. Acuff-Rose Music, Inc., the owners of the original song's copyright, filed a lawsuit against 2 Live Crew for infringement. What ultimately happened to spark this lawsuit was, Hip-hop group 2 Live Crew was accused by the plaintiff, a music publisher and co-owner of Roy Orbison's 1964 rock ballad “Oh,

With just a few tweaks when it comes to lyrics, but all instrumental, and background music is the same. Roy Orbison brought this to court to be further examined. The Sixth Circuit upheld the lower court's decision, finding that the parody was presumed to be unfair due to its commercial nature and that it did not qualify as fair use. Fair use is the ability to use copyrighted materials without approval from the copyright holder. Additionally, it was discovered that 2 Live Crew overreached themselves by utilizing the original's "heart" as the parody's, causing presumed harm to the music market. Appellants filed an appeal with the US Supreme Court. Because of the song "Pretty Woman" by 2 Live Crew, Acuff-Rose Music, Inc. filed a lawsuit against the group and their record company, alleging that the song violated Acuff-Rose's copyright in Roy Orbison's "Oh, Pretty Woman." Given that 2 Live Crew's song was a parody that fairly utilized the original music, the District Court awarded summary judgment in favor of the group. Yet, the Court of Appeals reversed its decision, ruling that the parody was presumed to be unfair due to its commercial