Curatorial Studies

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Campbell v. Acuff-Rose Music, Inc.

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Curatorial Studies

Definition

Campbell v. Acuff-Rose Music, Inc. is a landmark Supreme Court case from 1994 that addressed the issue of fair use in copyright law. The case revolved around whether 2 Live Crew's parody of Roy Orbison's song 'Oh, Pretty Woman' qualified as fair use. This decision played a crucial role in shaping the understanding of how copyright law applies to transformative works and established important precedents regarding the balance between copyright protection and freedom of expression.

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5 Must Know Facts For Your Next Test

  1. The Supreme Court ruled in favor of 2 Live Crew, determining that their parody was transformative enough to qualify as fair use.
  2. The decision emphasized that commercial nature does not automatically disqualify a work from fair use if it is deemed transformative.
  3. This case clarified that the purpose and character of the work is a significant factor in determining fair use, focusing on how the new work relates to the original.
  4. The Court considered the amount and substantiality of the portion used, finding that only the amount necessary for parody was used by 2 Live Crew.
  5. Campbell v. Acuff-Rose Music highlighted the importance of creativity and expression in evaluating fair use within copyright law.

Review Questions

  • How did the Supreme Court's ruling in Campbell v. Acuff-Rose Music, Inc. redefine the understanding of fair use in copyright law?
    • The Supreme Court's ruling redefined fair use by establishing that a work can qualify as fair use even if it is created for commercial purposes, as long as it is transformative. The Court emphasized that the key factor is whether the new work adds something new with a different character or purpose compared to the original. This case underscored that fair use is not strictly limited to non-commercial works and highlighted the significance of creativity in evaluating copyright cases.
  • Discuss how the concept of transformative use played a critical role in the outcome of Campbell v. Acuff-Rose Music, Inc.
    • Transformative use was central to the outcome of Campbell v. Acuff-Rose Music because it determined whether 2 Live Crew's parody of 'Oh, Pretty Woman' could be considered fair use. The Supreme Court found that the parody added new expression and meaning to the original song, effectively transforming it into a new work. By focusing on this transformative aspect, the ruling reinforced that works which creatively build upon existing material can fall under fair use protections, thus encouraging artistic expression and commentary.
  • Evaluate the long-term implications of Campbell v. Acuff-Rose Music, Inc. on copyright law and its impact on artists and creators.
    • The long-term implications of Campbell v. Acuff-Rose Music extend far beyond this single case; it established a precedent that significantly impacts how artists and creators navigate copyright law. By affirming that transformative parodies can qualify as fair use, it encourages artistic innovation while ensuring that original creators retain their rights. This ruling has fostered a more flexible understanding of copyright, allowing for a greater range of creative expressions and cultural commentary without excessive fear of infringement claims, thereby influencing countless works in music, literature, film, and other media.
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