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Fair Use: Difference between revisions
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Here are some examples:
* 2 Live Crew recorded a parody of Roy Orbison's "Oh, Pretty Woman" and released it on their album ''Clean As They Wanna Be'' despite being refused permission by the copyright owners Acuff-Rose Music to actually do so. In a unanimous decision, the Supreme Court found that parodying copyrighted work, even if the parody is of a commercial nature, is a sufficient defence for fair use. This is why [["Weird Al" Yankovic]] can release so many parodies (but gets permission to stay friendly with artists). It's also the go-to citation for anyone who receives DMCA threats. ''Campbell'' v. ''Acuff-Rose Music, Inc.'', 510 U.S. 569 (1994)
* Eveready Battery Co. (as of 2000, Energizer Holdings Inc.) had been running a set of television commercials using its pink bunny to walk through [[Parody Commercial|parody commercials]] of fictional products. Adolph Coors Brewing Co. decided to do a beer commercial in which [[Leslie Nielsen]] wore a pink bunny costume, as a parody of Eveready's own parodies. Eveready didn't like this and sued. In deciding that Coors' parody was fair use, the court pointed out that there's no competition between the sale of batteries (or their uses) and the sale of beer. In comparing the Energizer Bunny and a man in a pink rabbit suit, the judge pointed out that "Mr. Nielsen is not a toy..., does not run on batteries, is not 15 inches tall... [and] is not predominantly pink." ''Eveready Battery Co.'' v. ''Adolph Coors Co.'', 765 F. Supp. 440 (N.D. Ill. 1991).
* While J.K. Rowling was able to stop a man who was developing an encyclopedia on her [[Harry Potter]] series after having creative differences, she was less successful in getting a court in India to stop someone from using a name similar to Harry Potter in his book. She was, however, cleared of an accusation of infringement by [[The Legend of Rah and
* West Coast disc jockey Rick Dees asked permission to use part of the song "When Sunny Gets Blue" to lampoon the performance of Johnny Mathis in a parody called "When Sonny Sniffs Glue". The copyright owner, songwriter Marvin Fisher, refused to grant permission, but Dees decided to use about 29 seconds of the song anyway. Fisher sued, arguing that the use was not fair and that the request for permission was evidence that Dees was aware his use was not fair. The court decided that the amount of use was reasonable for parodying Mathis' style, it had no effect on the market value of the underlying song, and asking for permission does not affect the determination as to whether a use is or isn't fair. The decision finding the use to be fair was upheld on appeal. ''Fisher'' v. ''Dees'', 794 F.2d 432 (9th Cir. 1986)
* ''The Nation'' magazine used 300 words from President Ford's 30,000-word memoir (the ones about pardoning Nixon... e.g. the part people would be buying the book to read.) in its review of the book. Harper & Row, the book's publisher, felt this use was not fair and sued. The original court agreed, and the U.S. Supreme Court upheld the decision, deciding (among many factors) that while news reporting usually is a strong factor in being fair use, that the magazine is for profit is a factor against this, but mostly that the 300 words represented "the heart" of the work and thus the use was not fair. ''Harper & Row'' v. ''Nation Enterprises'', 471 U.S. 539 (1985)
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