Economix nytimes6/1/2023 ![]() Under the first of the four § 107 factors, "the purpose and character of the use, including whether such use is of a commercial nature. (b) Parody, like other comment and criticism, may claim fair use. The four statutory factors are to be explored and weighed together in light of copyright's purpose of promoting science and the arts. The statutory examples of permissible uses provide only general guidance. ," continues the common-law tradition of fair use adjudication and requires case-by-case analysis rather than bright-line rules. (a) Section 107, which provides that "the fair use of a copyrighted work. Held: 2 Live Crew's commercial parody may be a fair use within the meaning of § 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, qualitatively, 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. Respondent Acuff-Rose Music, Inc., filed suit against petitioners, the members of the rap music group 2 Live Crew and their record company, claiming that 2 Live Crew's song, "Pretty Woman," infringed Acuff-Rose's copyright in Roy Orbison's rock ballad, "Oh, Pretty Woman." 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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (4) the effect of the use upon the potential market for or value of the copyrighted work. (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole and (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. Limitations on exclusive rights: Fair use
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