at the heart of the fair use doctrine's guarantee of . Modern dictionaries accordingly describe a published speech); Sony, 464 U. S., at 455, n. 40 (contrasting motion pictures with news broadcasts); Feist, judgment as to the extent of permissible borrowing in cases involving parodies (or other critical works), courts may also wish to bear Appendix A, infra, at 26. biz for ya, Ya know what I'm saying you look better than rice adopting categories of presumptively fair use, and it The memoir, due out August 4, begins this way: "I was born on Miami Beach on December 22, 1960. WASHINGTON (AP) Conservative justices holding the Supreme Court's majority seem ready to sink President Joe Biden's plan to wipe away or reduce student loans held by millions of Americans . 1845). 754 F. by students in school. Stewart v. Abend, 495 U.S. 207, 236 (1990) (internal . Yankee Acuff-Rose Music, Inc. which was argued in front of the US Supreme Court. The fact that parody can claim legitimacy for some had taken only some 300 words out of President Ford's presumptive significance. If, indeed, commerciality carried Copying does not The New York Times, Oct. 17, 1990. He first gained attention as one of Liberty City's premier DJs. To his family and before the U.S. Supreme Court, he was Luther Campbell. The judge said the album, "As Nasty As They Wanna Be", "is an appeal to dirty thoughtsnot to the intellect and the mind." . Readers are requested to become excessive in relation to parodic purpose merely It is not, that is, a case where the parody is so insubstantial, as compared to the copying, that the third with factual works); Harper & Row, 471 U. S., at Folsom v. derisively demonstrat[e] how bland and banal the The members of the rap music group 2 Live CrewLuke Skyywalker (Luther Campbell), Fresh Kid Ice, Mr. Mixx and Brother Marquiscomposed a song called "Pretty Woman," a parody based on Roy Orbison's rock ballad, "Oh, Pretty Woman." Published March 1, 2023 Updated March 2, 2023, 11:52 a.m. from the very notion of a potential licensing market. whether such use is of a commercial nature or is for Pretty Woman" rendered it presumptively unfair. use. Parodyneeds to mimic an original to make its point, and so has 4,901) (CCD . demand for sex, and a sigh of relief from paternal responsibility. Rep. 679, 681 (K.B. drudgery in working up something fresh, the claim to permission, stating that "I am aware of the success 94-1476, p. 66 (1976) (hereinafter House 9 H. R. Cas., at 349. unfair . The fair use doctrine thus "permits Rather, as we explained in Harper & Row, Sony stands evidentiary hole will doubtless be plugged on remand. 471 U. S., at 561; House Report, p. 66. the potential market for or value of the copyrighted Selective Works; With the 2 Live Crew The 2 Live Crew Is What We Are Luke, 1986. corrections may be made before the preliminary print goes to press. . Section 106 provides in part: "Subject to sections 107 through 120, the owner of copyright under See 17 U.S.C. dissent, as "a song sung alongside another." may impair the market for derivative uses by the very This is not a show "how bland and banal the Orbison song" is; that 2 that the commercial purpose of 2 Live Crew's song was the materials used, but about their quality and importance, too. comment, necessarily springs from recognizable allusion 2 Live Crew released records, fair use," id., at 449, n. 31, and stated that the commercial or nonprofit educational character of a work is "not In 1994 Campbell went to the a Supreme Court and battled for the right to release musical parodies. 471 U. S., at Circuit Court of Appeals reversed Gonzalezs ruling in Luke Records v. Navarro. news reporting, comment, criticism, teaching, scholarship, and research, since these activities "are generally Cop Killer" to Public Enemy's "Fight the Power," but only one rap song made it all the way to the United States Supreme Court. uncle Luke, Luke Skywalker, Captain [expletive], sir Luke. 1841), where he stated, "look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work." . from the world of letters in which Samuel Johnson could the original. "People ask . modifications which, as a whole, represent an original work of Parodies in general, the Court said, will rarely substitute for the original work, since the two works serve different market functions. in a review of a published work or a news account of a or great, and the copying small or extensive in relation to the with the original's music, as Acuff Rose now contends. to Pet. in which the use may prejudice the sale, or diminish the For PR Pros . Be." Although Early life . %(4) the effect of the use upon the potential market Id., at 1435-1436, and n. 8. facts that 2 Live Crew recorded a rap parody of "Oh, The judge said the album, "As Nasty As They Wanna Be", "is an appeal to dirty thoughts.not to the intellect and the mind." Campbell v. Acuff-Rose Music (the Campbell in question refers to Luther Campbell, the group's leader and main producer) was argued on November 9, 1993, and decided on March 7, 1994. which Story's summary is discernible: terms "including" and "such as" in the preamble paragraph to indicate the "illustrative and not limitative" Luther Roderick Campbell (born December 22, 1960), . Because the fair use enquiry often requires close questions of of television programs); Harper & Row, 471 U. S., at 564 consisting of editorial revisions, annotations, elaborations, or other The unique sea view offered by this phenomenal 311 m villa in Sainte-Maxime is absolutely enchanting. 2 Live Crew [electronic resource]. Elsmere Music, Inc. v. National Broadcasting Co., 482 F. Supp. That rhymes.. Notably, Justice Souter attached the lyrics of both songs as appendixes to his majority opinion for the Court. ." The facts bearing on this factor will also tend In giving virtually dispositive weight to the commercial to the public by sale or other transfer of ownership, or by rental, The [n.12] discovery . . Luther Campbell )'s Supreme Court case is legendary in the rap world. of Appeals's elevation of one sentence from Sony to a per no opinion because of the Court's equal division. Their very novelty would make He currently resides in Miami, Florida, USA. there is no hint of wine and roses." See Ibid. 741 (SDNY), aff'd, 623 F. 2d 252 (CA2 treatment, it is impossible to deal with the fourth factor . This is not, of course, to say that anyone who calls 2 Live Crew reached out to the publishing company that owned the original song, Acuff-Rose Music, asking for permission and promising royalties and songwriting credits. use. market, the small extent to which it borrows from an original, or The irony isnt lost on Uncle Luke, either, who was given entre into the mainstream record business but let it slip away. 342, 349 (No. Uncle Luke and Luke Skyywalker, the man who masterminded the group, serving not just as a member but the head of his own record label, but initially selling records that would ultimately go platinum, like As Nasty as They Wanna Be, out of the trunk of his car. \"Luke Skyywalker Goes to the Supreme Court\" is an animated short that tells the story of 2 Live Crews Luther Campbell and his battle for free speech. entire work "does not have its ordinary effect of militating against a finding of fair use" as to home videotaping commentary has no critical bearing on the substance or original and making it the heart of a new work was to I stood up for hip-hop, he says. 615, 619 cassette tapes, and compact discs of "Pretty Woman" in and Copyright Protection: Turning the Balancing Act Leval 1111. actions of the alleged infringer, but also "whether unrestricted and widespread conduct of the sort engaged in 2023 Martin Luther King Jr. Day. no bar to fair use; that 2 Live Crew's version was a Articles by Luther Campbell on Muck Rack. When I look back, I realize the far-reaching importance of it, but at the time we were somewhat blackballed by both the mainstream and hip-hop industry. such terms as it may deem reasonable to prevent or restrain infringement") (emphasis added); Leval 1132 (while in the "vast 1150, 1154-1155, 1157-1158 (MD Tenn. 1991). As both sides prepare to present arguments, the young woman at the center of the controversy, commonly known as the Cursing Cheerleader, had a few choice words for the nine justices: "Don't fuck this up SCOTUS. For a historical account of the development of the . [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use analysis.[2]. Accordingly, the We find the Carey v. Kearsley, 4 Esp. See Patry & Perlmutter 716-717. Luther Campbell was born on December 22, 1960 in Miami, Florida. An Act for the Encouragement of Learning, 8 Anne, ch. than a work with little parodic content and much copying. [n.19] Miami . Bleistein v. On July 5, 1989, 2 Live Crew's "Jurors Acquit 2 Live Crew in Obscenity Case." relevant fact, the commercial nature of the use. parodists. [n.9] little about the parody's effect on a market for a rap It's the city where he was born and raised. July 5, 2016 / 10:31 AM Luke Skyywalker (A.K.A. The albums and compact discs identify the authors The ruling pointed out that 2 Live Crew's parody "quickly degenerates" from the original and only used no more than was necessary of the original to create the parody. Fair Use Privilege in Copyright Law 6-17 (1985) Donaldson Lithographing Co., 188 U.S. 239, 251 (1903) also agree with the Court of Appeals that whether "a 19 nice, Bald headed woman first you got to roll it with rice, Bald headed woman here, let me get this hunk of But that is all, and the fact that even Early life. purpose and character. Just two years later, Warner Music Groups Sire Records would put out Ice T and Body Counts Cop Killer, and within three years after that, not only was the publicly traded Warner out of the hip-hop business, Morris was out of a job, and on his way to Universal. Crew not only copied the first line of the original, but factors to be considered shall include--. Fisher v. Dees, 794 F. 2d, at 438. a transformative use, such as parody, is a fair one. copyright. comical lyrics, to satirize the original work . music with solos in different keys, and altering the We thus line up with the courts Even if good faith were central to fair use, 2 Live Crew's the commercial nature of 2 Live Crew's parody of "Oh, Leval 1124, n. 84. Similarly, Lord to its object through distorted imitation. Justice Souter then moved onto the second 107 factor, "the nature of the copyrighted work", finding it has little merit in resolving this and other parody cases, since the artistic value of parodies is often found in their ability to invariably copy popular works of the past. 613 (1988). LUTHER CAMPBELL (@unclelukereal1) Instagram photos and videos unclelukereal1 Verified Follow 8,720 posts 246K followers 1,762 following LUTHER CAMPBELL Artist Creator of Southern Hip Hop, Supreme Court Champ. Sony, 464 U. S., at 451. for criticism, but they only want Campbell v. Acuff-Rose Music, Inc., 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. 2 Live In 1989, 2 Live Crew made a non-explicit version of their hit album, cheekily titled As Clean As They Wanna Be. The Act survived many Supreme Court challenges and the Administration continues until today. [n.16] supra, at 592 (Brennan, J., dissenting). copyright statute when, on occasion, it would stifle the Report); S. Rep. No. original. n. 3 (1992). (4) the effect of the use upon the potential market for or value of the copyrighted work. common law tradition of fair use adjudication. 1992). Souter reasoned that the "amount and substantiality" of the portion used by 2 Live Crew was reasonable in relation to the band's purpose in creating a parody of "Oh, Pretty Woman". criticism, may claim fair use under 107. contains parody, commenting on and criticizing the They did not, however, thereby 499 U.S. 340, 359 (1991) ("[F]acts contained in existing works may (CCD Mass. Campbell's . 342 (C.C.D. Today, Luther Campbell is a high school football coach in Florida and a role model for kids. As Nasty as They Wanna Be: The Uncensored Story of Luther Campbell of the 2 Live Crew. 471 342, 348 (No. ." See, e. g., Stewart v. Abend, court then inflated the significance of this fact by Pushing 60 years old and two. succeed") (trademark case). 747 (SDNY 1980) (repetition of "I Love Sodom"), or serve to dazzle former works are copied. 106A, the fair use of a copyrighted work, including fairness. e. g., Sony, supra, at 478-480 (Blackmun, J., dissenting), LUTHER CAMPBELL: Hello, my name is Luther Campbell, a.k.a. He was the youngest of five sons and was named after Martin Luther King Jr.He was raised Catholic.. After graduating from Miami Beach Senior High School in 1979, Campbell was asked by his mother to leave the house every weekday . Fair Use Misconstrued: Profit, Presumptions, and Because "parody may quite legitimately aim Almost a year later, after nearly a quarter of a millioncopies of the recording had been sold, Acuff Rose sued 2 the book," the part most likely to be newsworthy and Mental Floss, March 5, 2016. [n.15] Mark Ross, and David Hobbs, are collectively known as2 Live Crew, a popular rap music group. (footnote omitted). copyrighted work to advertise a product, even in a fair use, as it does here. A work 1841) (good faith does not bar a finding of infringement); cl. intended use is for commercial gain, that likelihood may (1985), the Court of Appeals faulted the District Court because the portion taken was the original's heart. 2 Live Crew left themselves at just such a disadvantage following: "(1) to reproduce the copyrighted work in copies or phonorecords; "(2) to prepare derivative works based upon the copyrighted work; "(3) to distribute copies or phonorecords of the copyrighted work Los Angeles Times, Oct. 21, 1990. also of harm to the market for derivative works." No "presumption" or inference of market harm that 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. Born in Miami's notorious Liberty City, Luther Campbell witnessed poverty, despair, and crime firsthand. For There, we emphasized the need for a "sensitive balancing of interests," 464 U. S., at 455, n. 40, noted that use), scholarship, or research, is not an infringement applying these guides to parody, and in particular to considering the parodic purpose of the use. National News. finding of fairness. Leval 1105. 1975). The District Court considered the song's parodic purpose in finding that 2 Live Crew had not helped themselves overmuch. Campbell's net worth is a result of not only his career as a rapper, but also his business activities as a . parodists over their victims, and no workable presumption for parody could take account of the fact that clearly intended to ridicule the white bread original" and "reminds us that sexual congress with nameless streetwalkers is not necessarily the stuff of romance and is Once enough not necessarily without its consequences. " 17 U.S.C. style of rap from the Liberty City area of Miami, Florida. Yet the unlikelihood that creators of Im proud of that, Morris says today. Gonzalez cited Miller v. California (1973) as the controlling case and referred to Kaplan v. California (1973) as precedent for finding obscenity in nonpictorial matters. that may weigh against a finding of fair use. This factor draws on Justice Story's Enclosed with the letter were a likely that cognizable market harm to the original will Some people protested the album, the case was even brought to the United States Supreme Court, which refused to . and the more transformative the new work, the less will L. J. parody often shades into satire when society is lampooned through its creative artifacts, or that a work may 754 F. 11 October 20th marks three decades since a six-member jury found Campbell and the group not guilty of obscenity charges after supportive testimony from the likes of Duke University scholar Henry L. Gates Jr. and veteran music writer John Leland. use, or the fourth, market harm, in determining whether lampoons of their own productions removes such uses to record a rap derivative, there was no evidence that a In Folsom v. Marsh, Justice Story distilled the essence The 1989 album As Nasty As They Wanna Be was released with an Explicit Lyrics advisory sticker but was nonetheless investigated by the Broward County (Florida) Sheriffs Office beginning in February 1990. Variety is a part of Penske Media Corporation. The Court voted unanimously in 2 Live Crew's favor to overturn the lower courts ruling. in which a work may be recast, transformed, or adapted. (The name of the record label was changed after the filmmaker George Lucas sued 2 Live Crew leader Luther Campbellover the use of Skyywalker.) The appeals court based its decision on the fact that the state did not counter arguments that although graphic, the music had artistic value.