Join Dana Robinson for an in-depth discussion in this video Cases of fair use, part of Understanding Copyright: A Deeper Dive.
- Let's talk through a few examples…where the fair use defense has been plead.…In the 1990s, a hip hop group called 2 Live Crew…was sued by the Roy Orbison Estate…for the song "Big Hairy Woman."…The song was alleged to be a parody…of Roy Orbison's "Pretty Woman."…The Supreme Court went through the whole four-part test.…The court concluded that it was a parody…and that after evaluating the four-part test,…"Big Hair Woman" was not an infringement of "Pretty Woman"…under the Fair Use doctrine.…One might view the outcome as fair…in light of the fact that it is unlikely…that people stopped buying "Pretty Woman"…because they could purchase "Big Hairy Woman" instead.…
In other words, under the fourth prong,…one could argue that the 2 Live Crew song…was not impacting the market for the original work,…even though it followed the same music…and had similar lyrics.…There was a different outcome in…Harper & Row versus Nation…which involved a book about Richard Nixon.…There, the alleged infringer only took a few paragraphs…
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LInkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- Explain why you should file for copyright certification.
- Determine what course of action will guarantee the end of infringement?
- Relate copyright to the purchase of software.
- Define public domain.
- List what you need to send the Copyright Office for copyright certification.