Cases Study 3: Campbell v. Acuff-Rose Music ( 1994 )
Case 2 Live Crew (Defendant) recorded a rap parody of the hit by Roy Orbison, “Oh, Pretty Woman.” Acuff-Rose (Plaintiff), the copyright holder of the original song, claiming that 2 Live Crew's song "Pretty Woman" infringed Acuff-Rose's copyright in Roy Orbison's "Oh, Pretty Woman." Held The Supreme Court agreed with Campbellís argument and held that parody, like other comment or criticism, may claim fair use under the Federal Copyright Act. The Court recognized that "parody has an obvious claim to transformative value and the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works." Copyright Act 1987 Section 36(1) The Copyright Act 1987 states that an infringement occurs when a person does something without the licence or permission or consent of the copyright owner. The copyright in a work is infringed when a person who: (i)not being the owner of the copyri...