Campbell v. Acuff-Rose Music (92-1292), 510 U.S. 569 (1994).
Acuff music sued the members of the rap group 2 Live Crew. This was in relation to 2 Live Crew’s song, “Pretty Woman.” This song had “infringed Acuff Rose’s copyright in Roy Orbison’s Rock Ballad, “Oh Pretty Woman.”( http://www.law.cornell.edu/supct/html/92-1292.ZS.html) The band used the presumption that the song was a parody, and made fair legal use of the song.
The Court decides it is "fair to say that 2 Live Crew's song reasonably could be perceived as commenting on the original or criticizing it, to some degree." Ante, at 13 (applying the first fair use factor). While I am not so assured that 2 Live Crew's song is a legitimate parody, the Court's treatment of the remaining factors leaves room for the District Court to determine on remand that the song is not a fair use. As future courts apply our fair use analysis, they must take care to ensure that not just any commercial take-off is rationalized post hoc as a parody.( http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=510&invol=569)
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