Campbell v. Acuff-Rose Music, Inc.

Campbell v. Acuff-Rose Music, Inc.
Supreme Court of the United States
Argued November 9, 1993 Decided March 7, 1994
Full case name	Luther R. Campbell a.k.a. Luke Skyywalker, et al., Petitioners v. Acuff-Rose Music, Incorporated
Citations	510 U.S. 569 (more) 114 S. Ct. 1164; 127 L. Ed. 2d 500
Prior history	754 F. Supp. 1150 (M.D. Tenn.), appeal dismissed, 929 F.2d 700 (6th Cir. 1991) (table) (text at 1991 WL 43927), rev'd, 972 F.2d 1429 (6th Cir. 1992), cert. granted, 507 U.S. 1003 (1993)
Subsequent history	25 F.3d 297 (6th Cir. 1994)
Holding
The commercial nature of a parody does not render it a presumptively unfair use of copyrighted material. Rather, a parody's commercial character is only one element that should be weighed in a fair use inquiry.
Court membership
Case opinions
Majority	Souter, joined by unanimous
Concurrence	Kennedy
Laws applied
Copyright Act of 1976; 17 U.S.C. §§ 101, 107 (1988)

Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994) was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. That money is made does not make it impossible for a use to be fair; it is merely one of the components of a fair use analysis.

The members of the rap music group 2 Live Crew—Luke, Fresh Kid Ice, Mr. Mixx and Brother Marquis—composed a song called "Pretty Woman," a parody based on Roy Orbison's rock ballad, "Oh, Pretty Woman." The group's manager asked Acuff-Rose Music if they could get a license to use Orbison's tune for the ballad to be used as a parody. Acuff-Rose Music refused to grant the band a license but 2 Live Crew nonetheless produced and released the parody.

Almost a year later, after nearly a quarter of a million copies 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, holding that their song was a parody that made fair use of the original song under § 107 of the Copyright Act of 1976 (17 U.S.C. § 107). The Court of Appeals reversed and remanded, holding that the commercial nature of the parody rendered it presumptively unfair under the first of four factors relevant under § 107; that, by taking the "heart" of the original and making it the "heart" of a new work, 2 Live Crew had taken too much under the third § 107 factor; and that market harm for purposes of the fourth §107 factor had been established by a presumption attaching to commercial uses.

The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107.

Justice Souter began by describing the inherent tension created by the need to simultaneously protect copyrighted material and allow others to build upon it, quoting Lord Ellenborough: "While I shall think myself bound to secure every man in the enjoyment of his copyright, one must not put manacles upon science."