sam

Almost a year later, after nearly a quarter of a million copies of the recording had been sold, Acuff-Rose sued 2 Live Crew and its record company, [|Luke Skyywalker Records], for [|copyright] infringement. The District Court granted summary judgment for 2 Live Crew, holding that its song was a parody that made fair use of the original song under § 107 of the [|Copyright Act of 1976] (17 U.S.C. § 107). The Court of Appeals reversed and [|remanded], holding that the commercial nature of the parody rendered it presumptively unfair under the first of four factors relevant under § 107; that, by taking the "heart" of the original and making it the "heart" of a new work, 2 Live Crew had taken too much under the third § 107 factor; and that market harm for purposes of the fourth §107 factor had been established by a presumption attaching to commercial uses.
 * Time/Text limits of fair use**: Text/time limits vary in the amount of copyrighted work used in the new work as a whole. Also important is the use of the new work as one for nonprofit/ educational organizations.
 * //Campbell v. Acuff-Rose Music//**: the members of the rap music group [|2 Live Crew]—[|Luther Campbell], [|Fresh Kid Ice], [|Mr. Mixx] and Brother Marquis—composed a song called "Pretty Woman," a parody based on [|Roy Orbison]'s rock ballad, "[|Oh, Pretty Woman]." The group's manager asked Acuff-Rose Music if they could license Roy Orbison's tune for the ballad to be used as a parody. [|Acuff-Rose Music] refused to grant the band a [|license] but 2 Live Crew nonetheless produced and released the parody.

From: http://en.wikipedia.org/wiki/Fair_use