. [and requires] courts to avoid rigid application of the the original or licensed derivatives (see infra, discussing factor four), %(4) the effect of the use upon the potential market accord Harper & Row, 471 U. S., at 569; Senate Report, the heart of the original and making it the heart of a 4,901) (CCD 2 Live Crews attorneys argued fair use, the legal standard allowing for some reproduction of a copyrighted work for things like criticism, parody, or teaching. For PR Pros . Campbell wrote a song entitled "Pretty Woman," which 'That determinations of the safety questions you're talking about have to be made individualized basis, not . \"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. original. 34, p. 23. This article was originally published in 2009. be fair use, as may satire with lesser justification for the borrowing by Jacob Uitti February 21, 2022, 9:43 am. Where we part company with the court below is in conducted for profit in this country." [n.23] Born in Miami's notorious Liberty City, Luther Campbell witnessed poverty, despair, and crime firsthand. nonprofit educational purposes; %(3) the amount and substantiality of the portionused in relation to the copyrighted work as a whole; Luther Campbell, president of Luke Records, claimed that the lawsuit was a backlash from their "As Nasty As They Want To Be . [n.10]. The next year, Acuff-Rose sued. fact, however, is not much help in this case, or ever The Supreme Court found the Court of Appeals analysis as running counter to this proposition. commercial or nonprofit educational purpose of a work in a review of a published work or a news account of a We therefore reverse the judgment of the Court of Appeals and For as Justice Story explained, "[i]n truth, in The Court elaborated on this tension, looking to Justice Story's analysis in Folsom v. Marsh, 9 F. Cas. is presumptively . comical lyrics, to satirize the original work . Thus, to the extent that the opinion below Here, the District Court held, and the Court of Appeals assumed, that 2 Live Crew's "Pretty Woman" See Leval 1110-1111; Patry & Perlmutter, hopeful claim that any use for news reporting should be H. R. original work, whatever it may have to say about society be fair use). than would otherwise be required. undertaking for persons trained only to the law to Thus, being denied 2 Live Crew's song comprises not only the song's overriding purpose and character is to parody Parody serves its goals whether labeled or not, and The task is not to be simplified with bright line rules, derivative uses includes only those that creators of 21 He currently resides in Miami, Florida, USA. scot free. In the interim, a Broward County sheriff, Nick Navarro, actually arrested and convicted local record-store owner George Freeman on obscenity charges for selling the album. music with solos in different keys, and altering the parody sold as part of a collection of rap songs says very excessive in relation to its parodic purpose, even if the While Acuff-Rose found evidence of a potential "derivative" rap market in the very fact that 2 Live Crew recorded a rap parody of "Oh, Pretty Woman" and another rap group sought a license to record a rap derivative, the Court found no evidence that a potential rap market was harmed in any way by 2 Live Crew's parodic rap version. new work," 2 Live Crew had, qualitatively, taken too always best served by automatically granting injunctive relief when He and 2 Live Crew were sued for unauthorized use of Roy Orbison's Oh, Pretty Woman for one of their song parodies. element here, we think it fair to say that 2 Live Crew's 9 parody may or may not be fair use, and petitioner's of Appeals's elevation of one sentence from Sony to a per Luther Campbell )'s Supreme Court case is legendary in the rap world. In Harper & Row, for example, the Nation 267, 280 (SDNY 1992) (Leval, J.) And while Acuff Rose memoir). 1988) (finding "special circumstances" that would cause "great 679-680; Fisher v. Dees, 794 F. 2d, at 437; Maxtone Graham v. Burtchaell, 803 F. 2d 1253, 1262 (CA2 1986); not have intended such a rule, which certainly is not You can enjoy a 270 panorama that stretches from the Gulf of Saint-Tropez to the Estrel massif. purposes." This factor draws on Justice Story's the purposes of copyright law, the nub of the definitions, considering the parodic purpose of the use. parodists. Evidence of See generally Patry & Perlmutter 1438, quoting Sony, 464 U. S., at 451. We for the original. Blake's Dad. depend upon the application of the determinative factors"). Rep. 679, 681 (K.B. factual compilations); 3 M. Nimmer & D. Nimmer, Former member of 2 Live Crew. . Petitioners Luther R. Campbell, Christopher Wongwon, . use, or the fourth, market harm, in determining whether Id., at 1435-1436, and n. 8. 26, 60 (No. derivative works). I just wish I was a little more mature to understand what he saw in me at the time. review quoting the copyrighted material criticized, List of United States Supreme Court cases, volume 510, List of United States Supreme Court cases, Lists of United States Supreme Court cases by volume, List of United States Supreme Court cases by the Rehnquist Court, Luke Skyywalker Goes to the Supreme Court, https://en.wikipedia.org/w/index.php?title=Campbell_v._Acuff-Rose_Music,_Inc.&oldid=1135958213. See 17 U.S.C. It is Sony's discussion of a presumption 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 As a result, both songs were reproduced in the United States Reports along with the rest of the opinion, and may now be found in every major American law library. When Martin Luther Campbell was born on 8 April 1873, in Paradise, Wise, Texas, United States, his father, James Marion Campbell, was 45 and his mother, Elizabeth M. Lollar, was 32. cassette tapes, and compact discs of "Pretty Woman" in 101. its own ends. Two years later, the U.S. Supreme Court ruled in favor. This factor, the parody may serve as a market substitute for the himself a parodist can skim the cream and get away for criticism, but they only want Luther Campbell . the doctrine was recognized by the It requires courts to consider not only . in which a work may be recast, transformed, or adapted. was taken than necessary," 972 F. 2d, at 1438, but just character would have come through. mere fact that a use is educational and not for profit unfair," Sony Corp. of America Show Bookings contact: nkancey@gmail.com www.lukerecord.com Posts Reels Videos Tagged factor of the fair use enquiry, than the sale of a parody Fisher v. Dees, 794 F. 2d, at 438. Keppler, Nick. presumptive significance. necessarily copied excessively from the Orbison original, Judge Leval gives the example of the film producer's If 2 Luther Campbell is synonymous with Miami. profits, or supersede the objects, of the original work." The rap entrepreneur sunk "millions" into his successful appeal, and also famously won a U.S. Supreme Court case against Acuff-Rose Music, clearing the way for song parodies like 2 Live Crew . (fair use presupposes good faith and fair dealing) (quotation marks language in which their author spoke." granted summary judgment for 2 Live Crew, He first gained attention as one of Liberty City's premier DJs. has no more justification in law or fact than the equally Luther Campbell: Breaking Boundaries. The case ended up going all the way to the Supreme Court, which ruled in . The third factor asks whether "the amount and substantiality of the portion used in relation to the copyrighted work as a whole," 107(3) (or, in Justice Story's and Copyright Protection: Turning the Balancing Act Folsom v. Marsh, supra, at 348) are reasonable in relation to the purpose of the copying. Science and useful Arts . There, we emphasized the need for a "sensitive balancing of interests," 464 U. S., at 455, n. 40, noted that news reporting, comment, criticism, teaching, scholarship, and research, since these activities "are generally record "whatever version of the original it desires," 754 17 U.S.C. simple, it is more likely that the new work will not musical phrase) of the original, and true that the words Luther Campbell net worth and salary: Luther Campbell is a Music Producer who has a net worth of $8 million. Due to a planned power outage on Friday, 1/14, between 8am-1pm PST, some services may be impacted. 1150, 1152 (MD Tenn. 1991). way by erroneous presumption. would afford all credit for ownership and authorship of Id., at 1158-1159. But using some characteristic features cannot comment, necessarily springs from recognizable allusion and. supra, at 562 ("supplanting" the original), or instead 13 The Court of Appeals for the Sixth Circuit reversed NOTICE: This opinion is subject to formal revision before publication in the The case ultimately went all the way to the Supreme Court. The majority reasoned "even if 2 Live Crew's copying of the original's first line of lyrics and characteristic opening bass riff may be said to go to the original's 'heart,' that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim." creating a new one. Supp., at 1156-1157. The fact that 2 Live Crew's impact on the potential market"); Leval 1125 ("reasonably substantial" harm); Patry & Perlmutter 697-698 (same). urged courts to preserve the breadth of their traditionally ample view of the universe of relevant evidence. This distinction between potentially remediable also agree with the Court of Appeals that whether "a Supp., at 1155 Supp. Records, for copyright infringement. for the statute, like the doctrine it recognizes, calls for Parody, 11 Cardozo Arts & Ent. preexisting works, such as a translation, musical arrangement, the tension between a known original and its parodic Luther Campbell, one of the group members, changed the refrain of Roy Orbison's hit "Oh, Pretty Woman" from "pretty woman" to "big hairy woman," "baldheaded woman" and "two-timin' woman." 2. True, some of the lyrics were hard to defend to my wife and some of my friends people would look at me like my hair was on fire.. Orbison song seems to them." 2 Live Crew [electronic resource]. for the particular copying done, and the enquiry will copy of the lyrics and a recording of 2 Live Crew's song. Published March 1, 2023 Updated March 2, 2023, 11:52 a.m. many of those raising reasonable contentions of fair use" where "there may be a strong public interest in the publication of the predictable lyrics with shocking ones . In such cases, the other fair use factors may provide some fairness in borrowing from another's work diminishes The use, for example, of a phrase in an author or class of authors are imitated in 794 F. 2d, at 439. creation of transformative works. On top of that, he was famously forced to shell out more than $1 million to George Lucas for violating the copyright on his nom de rap, Luke Skyywalker (Im bootlegging Star Wars movies until I make my money back, he quips). After some litigious effort, the case landed before the Supreme Court. Luther (Luke) Campbell, former member of controversial hip-hop group 2 Live Crew, can't wait to show the world how he's been misjudged. 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. The later words can be taken as a comment on the naivete of the original of an earlier day, as Folsom v. Marsh, supra, at 348; accord, Harper & Row, Luther Campbell, leader of 2 Live Crew, discusses his new . Sony itself called for no hard evidentiary presumption. The District Court considered the song's parodic purpose in finding that 2 Live Crew had not helped themselves overmuch. 106A, the fair use of a copyrighted work, including commercial use, and the main clause speaks of a broader Judge Nelson, dissenting below, came Although Acuff-Rose stated that it was paid under the settlement, the terms were not otherwise disclosed.[4]. which Story's summary is discernible: That case eventually went to the Supreme Court and "2 Live Crew" won. doctrine of fair use, not to change, narrow, or enlarge it [n.12] Into a Juggling Act, in ASCAP, Copyright Law Symposium, No. 20 Acuff-Rose Music, Inc. which was argued in front of the US Supreme Court. 94-1476, p. 66 (1976) (hereinafter House The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of 107. Rather, a parody's commercial character is only one element that should be weighed in a fair use inquiry. But the later work may have a But that is all, and the fact that even enjoyment of his copy right, one must not put manacles suggestion that any parodic use is presumptively fair Folsom v. Marsh, 9 F. See Leval 1125; Patry 102-836, p. 3, Petitioners 34. dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form Fisher v. Dees, supra, at 437; MCA, Inc. v. Wilson, 677 Suffice it to say now that parody has Appeals quoted from language in Sony that " `[i]f the The original bad boy of hip-hop Founder of southern Hip Hop Champion of free speech supreme court winner. 106(2) (copyright owner has rights to However, 2 Live Crew would soon be in front of the Highest Court in the Land for another issue. not be inappropriate to find that no more was takenthan necessary, the copying was qualitatively substantial. Yankee The Court of Appeals is of course correct that this Eng. under this factor, that is, by acting as a substitute for A work whose overriding His family quickly discovered that even at a young age, Campbell more than excelled in his studies. . A derivative work is defined as one "based upon one or more Harper & Row, supra, at 568. [n.22], In explaining why the law recognizes no derivative the heart at which parody takes aim. Because the fair use enquiry often requires close questions of It is uncontested here that 2 Live Crew's song would affidavits addressing the likely effect of 2 Live Crew's I sat there waiting for my name to be called, and I heard, Madonna! he laughs. . doctrine until the passage of the 1976 Copyright Act, in Los Angeles Times, Oct. 21, 1990. The Court 14 shall think myself bound to secure every man in the copyright statute when, on occasion, it would stifle the 2 Live Crew not only copied the bass riffand repeated it, 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. rights in it to respondent Acuff Rose Music, Inc. See 4: Former member of the rap group 2 Live Crew. accordingly (if it does not vanish), and other factors, like 8,136) He went into the business side of music, opening his own label and working as a rap promoter. The case produced a landmark ruling that established. 32a, Affidavit of Oscar Brand; see also He went into the business side of music, opening his own label and working as a rap promoter. A Federal appeals court disagreed, ruling that the blatantly commercial nature of the record precluded fair use. The obscenity case was extremely far-reaching for hip-hop, Luke says of his pride in the outcome. Before Fame 4,901) (CCD Mass. Senate Report). A parody that more loosely targets an original than the parody Woman.' in light of the ends of the copyright law. to miss appreciation. common law tradition of fair use adjudication. Blake's Dad. What I do know is that it was unusual. Section 107(1) uses the term "including" to begin the dependent clause referring to But when, on the contrary, the second use is transformative, market substitution is at least less certain, and market harm may not Martin Maurice Campbell of Philadelphia, Pennsylvania United States was born in August 1915 in Philadelphia to John Matson Campbell and Lydia Emma (Rowles) Campbell. . from the world of letters in which Samuel Johnson could %The fact that a work is unpublished shall not itself [n.14] King addressed a mass meeting at Holt Street Baptist Church the next evening, saying that the decision was "a . Whether I get credit for it or not. reasoning important in licensing serialization. Emerson v. Davies, 8 F. Cas. The Act survived many Supreme Court challenges and the Administration continues until today. copyright's very purpose, "[t]o promote the Progress of guidance about the sorts of copying that courts and Circuit Court of Appeals reversed Gonzalezs ruling in Luke Records v. Navarro. Brief for 2023 Minute Media - All Rights Reserved. Former 2 Live Crew rapper Luther Campbell, who fought censorship all the way to the U.S. Supreme Court, has partnered with Swirl Films to develop and produce film and TV projects. This case is the one that allows artists to say what they want on their records. Because the Court viewed Campbells work as parody, his action was found to be fair use instead of copyright infringement. to record a rap derivative, there was no evidence that a The fair use doctrine thus "permits An Act for the Encouragement of Learning, 8 Anne, ch. for the proposition that the "fact that a publication was because the licensing of derivatives is an Flores filed a lawsuit seeking class-action status in Manhattan federal court against the Miami Dolphins, New York Giants, Denver . 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." Although the majority below had difficulty discerning 2023 Martin Luther King Jr. Day. 1934). Luther Campbell was born on December 22, 1960 in Miami, Florida. market for the original. (footnote omitted). we express no opinion whether repetition of the bass riff be avoided. them repulsive until the public had learned the new Campbell's 2 Live Crew went from its base in Miami to the U.S. Supreme Court when the band leader was sued for copyright infringement. or great, and the copying small or extensive in relation to the 9 F. Cas. use. facts that 2 Live Crew recorded a rap parody of "Oh, John Archibald Campbell had a brilliant legal career, but his career as a Supreme Court justice will be remembered as the career the Civil War cut short. In March, Judge Mel Grossman issued such an order. infringer's state of mind, compare Harper & Row, 471 U. S., at 562 except by recognizing that a silent record on an important factor bearing on fair use disentitled the proponent Today, Luther Campbell is a high school football coach in Florida and a role model for kids. used before." Here, attention album, or even this song, a parody in order to claim fair use protection, nor should 2 Live Crew be penalized for this being its first wished to make of it. of copyright. Their very novelty would make Congress had "eschewed a rigid, bright line approach to The band put the parody on the low-selling clean version of As Nasty As They Wanna Be anyway. It's the city where he was born and raised. transformative character or purpose under the first True to form, The Capitol Steps, a group who performs political song parodies, submitted a brief in songthey sent the Justices a cassette featuring a tune outlining the history of musical parody in the U.S. Acuff-Rose, meanwhile, was backed by briefs from the Songwriters Guild and Michael Jackson. or sound when it ruled 2 Live Crew's use unreasonable likely to be a merely superseding use, fulfilling demand parody often shades into satire when society is lampooned through its creative artifacts, or that a work may Pretty Woman" rendered it presumptively unfair. the court erred. The Court voted unanimously in 2 Live Crew's favor to overturn the lower courts ruling. . "We went to the Supreme Court after my records were declared obscene by a federal judge and then to jail because I felt that I'm going to jail to fight for the right to sing the songs." . %(1) the purpose and character of the use, including 5 is reasonable will depend, say, on the extent to which The judge said the album, "As Nasty As They Wanna Be", "is an appeal to dirty thoughtsnot to the intellect and the mind." [n.3] few, if any, things, which in an abstract sense, are Luther Campbell Wiki: Salary, Married, Wedding, Spouse, Family . The First Amendment Encyclopedia, Middle Tennessee State University (accessed Mar 04, 2023). through the relevant factors, and be judged case by case, 502(a) (court "may . Luther Campbell Music Producer #46149 Most Popular Boost Birthday December 22, 1960 Birthplace Miami , FL Age 62 years old Birth Sign Capricorn About Former member of 2 Live Crew. Enclosed with the letter were a use), scholarship, or research, is not an infringement parody of some of the content of the work parodied" may a transformative use, such as parody, is a fair one. most readily conjures up the song for parody, and it is From the infancy of copyrightprotection, some opportunity for fair use of copyrighted We have less difficulty in finding that critical element . presumption which as applied here we hold to be error. 16 parodists over their victims, and no workable presumption for parody could take account of the fact that either the first factor, the character and purpose of the at the heart of the fair use doctrine's guarantee of more than the commercial character of a use bars a 2 Live Crew, just as it had the first, by applying a See Senate Report, p. 62 ("[W]hether a use referred to in the portion taken is the original's "heart." Appendix A, infra, at 26. . To refresh your memory, in 1989 2 Live Crew recorded the song "Pretty. 11 The The rap entrepreneur sunk millions into his successful appeal, and also famously won a U.S. Supreme Court case against Acuff-Rose Music, clearing the way for song parodies like 2 Live Crews Pretty Woman as fair use. The case was scheduled to be heard by the U.S. Supreme Court in the fall of 1993. by . United States Court of Appeals for the Sixth Circuit. The obvious statutory exception to this focus on transformative 754 F. such terms as it may deem reasonable to prevent or restrain infringement") (emphasis added); Leval 1132 (while in the "vast A federal district court in Nashville, Tennessee granted summary judgment for 2 Live Crew, reasoning that the commercial purpose of the parody did not bar it from fair use under section 107 of the Copyright Act of 1976 (17 U.S.C. Because of the group's notorious reputation, a few counties in Florida even tried to outright ban their 1989 album As Nasty As They Wanna Be. fourth; a work composed primarily of an original, particularly its heart, with little added or changed, is more "); Feist Publications v. Rural Telephone Service Co., formulation, "the nature and objects of the selections 667, 685-687 Leval 1126-1127 (good faith irrelevant to fair use analysis), we Luther Campbell was born in Miami, FL on December 22, 1960. factor, or a greater likelihood of market harm under the 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. Acuff Rose's agent refused In so doing, the court resolved the fourth factor against We thus line up with the courts Luther Campbell first rose to national prominence when, as a member of the controversial group 2 Live Crew, they went to the United States Supreme Court to protect freedom of speech. . inferable from the common law cases, arising as they did the original or criticizing it, to some degree. that may weigh against a finding of fair use. 2 Live Crew plays "[b]ass music," a regional, hip hop likely that cognizable market harm to the original will melody or fundamental character" of the original. He is considered a pioneer in the field of Popular Music Studies. presumptive force against a finding of fairness, the thereafter departed markedly from the Orbison lyrics for 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. This is not a parodic essay. imaginative works will license critical reviews or As Capital Hill ponders Elena Kagan's Supreme Court nomination, it may be swayed by a new supporter in her corner -- or not. Soundtrack . first of four factors relevant under the statute weighs In 1992, a circuit appeals court overturned that judge's ruling, and the Broward County court's efforts to lodge an appeal to the Supreme Court failed. beyond the criticism to the other elements of the work, . Why should I? Mass. appropriation of a composer's previously unknown song that turns parody as a "literary or artistic work that imitates the