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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Campbell v Acuff Rose Music, 510 U.S. 569 (1994)

In 1964, Roy Orbison and William Dees wrote a rock ballad called "Oh, Pretty Woman" and assigned their rights in it to respondent Acuff Rose Music, Inc. 2 Live Crew, a popular rap music group wrote a song entitled "Pretty Woman," described in an affidavit as intended, "through comical lyrics, to satirize the original work . . . .". Almost a year later, after nearly a quarter of a millioncopies of the recording had been sold, Acuff Rose sued 2 Live Crew and its record company, Luke Skyywalker Records, for copyright infringement. The District Court granted summary judgment for 2 Live Crew, reasoning that the commercial purpose of 2 Live Crew's song was no bar to fair use; that 2 Live Crew's version was a parody.

The Court of Appeals for the Sixth Circuit reversed and remanded. 972 F. 2d 1429, 1439 (1992). Although it assumed for the purpose of its opinion that 2 Live Crew's song was a parody of the Orbison original, the Court of Appeals thought the District Court had put too little emphasis on the fact that "every commercial use . . . is presumptively . . . unfair."

The Supreme Court felt otherwise. Reversed in favor of the fair use defense.

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