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CAMPBELL v. ACUFF-ROSE MUSIC, INC., 510 U.S. 569 (1994) Commercial character does not make it impossible for a use to be fair; it is merely one of the components of a fair use analysis. That a commercial parody can be fair use. "We are called upon to decide whether 2 Live Crew’s commercial parody of Roy Orbison‘s song, "Oh, Pretty Woman," may be a fair use within the meaning of the Copyright Act of 1976, 17 U. S. C. §107 (1988 ed. and Supp. IV). Although the District Court granted summary judgment for 2 Live Crew, the Court of Appeals reversed, holding the defense of fair use barred by the song’s commercial character and excessive borrowing. Because (The US Supreme Court) held that a parody‘s commercial character is only one element to be weighed in a fair use enquiry, and that insufficient consideration was given to the nature of parody in weighing the degree of copying, it reversed and remanded. Source: http://www.intellectual-property-management.com/intellectual_property_case_law.htm