[W]as twenty years [since] the Supreme Court issued its landmark decision in Campbell v. Acuff-Rose, its most recent consideration of fair use. The Court made clear, in a unanimous opinion, that a commercial parody was fair use under Section 107 of the U.S. Copyright Act. A lower court had held that the rap act 2 Live Crew’s “Pretty Woman,” a lewd skewering of Roy Orbison’s saccharine love ballad “Oh, Pretty Woman,” was presumptively unfair because it was a commercial parody. When the group and frontman Luther Campbell appealed, the Supreme Court reversed, holding that the “more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.” (Some interesting C-SPAN coverage of the case before the Court’s decision, hinting at class overtones of the dispute is available here.)
For this weekend's musical interlude, we'll go crude without sacrificing significance. From the Disruptive Competition Project came the announcement that yesterday
It should be remembered too (as I pointed out yesterday) that to limit the implications of Campbell to commercial parodies of other works--that is to appropriating works that only appropriate to comment or criticize the works they appropriate--is too narrow a reading of the Court's 1994 decision and of the ways art is always appropriating the meaningful elements of its culture (including its works of art) to create new meanings entirely divorced from the component elements. But this discussion is for another day. This weekend is to revisit the heights of misogyny the pop charts chan reach:
Peter Friedman is a lawyer, artist representative, speaker & writer who's written for years on the impact of law on creative endeavors and law itself as a creative endeavor. From 2008-2012, he wrote Ruling Imagination: Law & Creativity, selections of which are republished here and the entire archive of which is available from the Internet Archive's Wayback Machine here and in pdf format here. In addition, he has written about copyright and fair use at What is Fair Use?