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
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.