Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court's unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., 510 U.S. 569 (1994), has been cited in more than 500 court decisions.
But the Supreme Court's pronouncement left questions and controversies in its wake. These have included: criticism of the widespread judicial embrace of Campbell's emphasis on "transformative" in deciding fair use cases; distinctions between fair or license-required-derivative uses; the drafting of jury instructions; how courts handle the way fair use is raised; and attorney fee awards in fair use disputes.
Historical Background
The Campbell litigation arose out of the 2 Live Crew's unauthorized rap version of Roy Orbison's rock classic "Oh, Pretty Woman." Cases involving rock music had been to the U.S. Supreme Court before. In one, the Supreme Court denied punitive damages to the promoter of a summer concert series in Newport, RI, who sued after the city council canceled a concert for fear that the jazz-rock band Blood, Sweat and Tears would attract a rowdy crowd. Newport v. Fact Concerts Inc., 453 U.S. 247 (1981). In another case, the Supreme Court held that the City of New York could control overall concert volume levels in Central Park so long as the sound engineer the city hired deferred to artists about how vocals and instruments were mixed within that sound level. Ward v. Rock Against Racism, 491 U.S. 781 (1989).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.