Campbell v. Acuff–Rose Music, Inc. (1994)

“Parody may be fair use when it transforms the original work and adds new expression or meaning.”

Short Description :

This case redefined fair use by emphasizing the concept of transformative use. The Court ruled that parody, even if commercially sold, can qualify as fair use if it provides new insight, criticism, or humor relating to the original work.

Facts :

The rap group 2 Live Crew created a parody version of Roy Orbison’s popular song “Oh, Pretty Woman.” The copyright holder, Acuff–Rose Music, filed a lawsuit alleging copyright infringement. 2 Live Crew argued that their version was a parody meant to comment humorously on the original song and was therefore protected under the doctrine of fair use.

Findings / Reasoning :

The Supreme Court ruled that 2 Live Crew’s version was transformative, adding new expression and humor that commented on the original song’s content. The Court clarified that the commercial nature of a parody does not automatically disqualify it from fair use. The purpose and character of the work, especially its transformative nature, play a crucial role in the analysis.

Suggestions / Observations:

This judgment encouraged artistic freedom and creativity while balancing copyright protection. Courts should consider whether the new work adds value, meaning, or commentary rather than simply copying. Parody remains a vital form of free expression.

Judgment & Date :

Judgment in favor of 2 Live Crew (Campbell).

Date : March 7, 1994.