Monday, September 21, 2009

Rule of law

The court made a precedent involving what is and is not of fair use. The court upheld the four factors to be considered when fair use is in question, and in doing so gave a more defined explanation of what is and is not a work of parody. And also that not all parody will be found contitutional , but that “This may serve to heighten the comic effect of the parody, as one witness stated, App. 32a, Affidavit of Oscar Brand; see also Elsmere Music, Inc. v. National Broadcasting Co., 482 F. Supp. 741, 747 (SDNY 1980) (repetition of "I Love Sodom"), or serve to dazzle with the original's music, as Acuff-Rose now contends.”

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