Fair Use: Difference between revisions
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* [["Weird Al" Yankovic]] attempted to obtain permission to parody "You're Beautiful" by [[One-Hit Wonder|one-hit wonder]] James Blunt as "You're Pitiful"; Blunt's record company bluntly refused. The track was released on Weird Al's website under fair use, but was never pressed as a physical record.
* Other parodies like "Bomb Iran" (recorded by various people, using the Beach Boys' tune "Barbara Ann") have received radio airplay but most are impossible to find as physical discs. Fair use should provide some level of protection, but no record company wants to risk the cost of pressing physical media.
* Fair use provided no protection against Australian right-wing politico Pauline Hanson's efforts to censor a parody ("I'm a backdoor man" by Pauline Pantsdown); she obtained a court order (injunction) preventing the Australian Broadcasting Corporation from broadcasting the novelty tune using defamation laws. The song pasted various snippets of her own voice to create the edited message
* 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)
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