Luther Campbell had an out of court settlement with George Lucas and couldn't use the alias Luke Skyywalker any more. 2 Live Crew, Luke Records founder. On top of that, he was famously forced to shell out more than $1 million to George Lucas for violating the copyright on his nom de rap, Luke Skyywalker (“I’m bootlegging ‘Star Wars’ movies until I make my money back,” he quips). “At the end of the day, I think we all got fired for that.”. Rather, a parody's commercial character is only one element that should be weighed in a fair use inquiry. The group's manager asked Acuff-Rose Music if they could get a license to use Orbison's tune for the ballad to be used as a parody. Luther Campbell is also the President, Secretary, … § 107). The rap entrepreneur sunk “millions” into his successful appeal, and also famously won a U.S. Supreme Court case against Acuff-Rose Music, clearing the way for song parodies like 2 Live Crew’s “Pretty Woman” as fair use. Variety and the Flying V logos are trademarks of Variety Media, LLC. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—, (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Brief for Petitioners 34. “This case is the one that allows artists to say what they want on their records. 2 Live Crew Discuss Pretty Woman Supreme Court Case 'Campbell v Acuff-Rose' (1994) youtu.be/CRsskt... 0 comments. The case was named after Luther R. Campbell (a.k.a. Looking at the final factor, the Supreme Court found that the Court of Appeals erred in finding a presumption or inference of market harm (such as there had been in Sony). “I’m proud of that,” Morris says today. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. Judge Jose Gonzalez found in Skyywalker v. But in June 1990, U.S. District Judge Jose Gonzalez in Miami sided with Navarro. Log in or sign up to leave a comment Log In Sign Up. The court ruled in favor of 2 Live Crew, but the decision was reversed by the U.S. Court of Appeals for the 6th Circuit. The 2 Live Crew version was essentially a different piece of music; the only similarity was a brief musical opening part and the opening line. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the Supreme Court ruled that the rap group 2 Live Crew did not violate copyright law with the song “Pretty Woman,” a parody of the previously released “Oh, Pretty Woman.” Case shows how Court views relationship between First Amendment and parody In reversing, the Court of Appeals held that the commercial nature of the parody rendered it presumptively unfair. (10.20.90) Morris knows the case’s far-reaching implications only too well. October 20th marks three decades since a six-member jury found Campbell and the group not guilty of obscenity charges after supportive testimony from the likes of Duke University scholar Henry L. Gates Jr. and veteran music writer John Leland. The case went all the way to the Supreme Court, which ruled that parody constituted fair use and found in favor of the group. Acuff-Rose Music, Inc. sued 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 "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. 2 Live Crew Saved by Parody Defense In 1994 a landmark case was decided by the United States Supreme Court that established that a commercial parody can qualify as form of fair use -- a defense to a copyright infringement action. The 2 Live Crew rapper talks to the press after winning a case in which the group's lyrics were deemed 'obscene.' In 1994 the United States Supreme Court unanimously adopted a rule from an earlier Ninth Circuit case involving Rick Dees, and ruled that the 2 Live Crew's parody was fair use, and thus did not infringe. (Note: The rap group had initially sought to pay for the right to use portions of the song but were rebuffed by the publisher, who did not want “Pretty Woman” used in a rap song.) The District Court granted summary judgment for 2 Live Crew, holding that its song was a … The majority reasoned "even if 2 Live Crew's copying of the original's first line of lyrics and characteristic opening bass riff may be said to go to the original's 'heart,' that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim." 2 Live Crew founder Uncle Luke speaks about his book and his role in paving the way for free speech in hip-hop. “My relationships with people like Doug, Jimmy and [Atlantic Records exec] Craig Kallman were great,” he says. The case was called “2 Live Crew vs. Roy Orbison” in the press, but strictly speaking, the landmark case had a much drier name: Campbell v. Acuff-Rose Music. I just wish I was a little more mature to understand what he saw in me at the time. Campbell v. Acuff-Rose Music (the Campbell in question refers to Luther Campbell, the group's leader and main producer) was argued on November 9, … 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. Luther Campbell. When 2 Live Crew came up with this parody of Roy Orbison's Pretty Woman, their manager asked Acuff-Rose Music for a license to use the track. Justice Souter then moved onto the second § 107 factor, "the nature of the copyrighted work", finding it has little merit in resolving this and other parody cases, since the artistic value of parodies is often found in their ability to invariably copy popular works of the past. List of United States Supreme Court cases, volume 510, List of United States Supreme Court cases, Lists of United States Supreme Court cases by volume, List of United States Supreme Court cases by the Rehnquist Court, Luke Skyywalker Goes to the Supreme Court, Sports Weekend: As Nasty as They Wanna Be, Pt. '"The fact that parody can claim legitimacy for some appropriation does not, of course, tell either parodist or judge much about where to draw the line. Acuff-Rose Music refused, but 2 Live Crew went ahead and released their track anyway. 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 … 100% Upvoted. George Freeman, the owner of a Florida record store, was convicted two weeks ago in Broward County of obscenity charges for selling the 2 Live Crew … “Doug was an innovator, willing to go out on a limb. Posted by just now. In the interim, a Broward County sheriff, Nick Navarro, actually arrested and convicted local record-store owner George Freeman on obscenity charges for selling the album. The plaintiffs Luther Campbell, Mark Ross, David Hobbs, and Chris Wongwon, constitute the group known as "2 Live Crew" whose recording, As Nasty As They Wanna Be, is the subject of this lawsuit. True, some of the lyrics were hard to defend to my wife and some of my friends — people would look at me like my hair was on fire.”. President Obama‘s Supreme Court nominee Elena Kagan has a special place in hip-hop history.. Notably, Justice Souter attached the lyrics of both songs as appendixes to his majority opinion for the Court. 2, Compendium of U.S. (2) the nature of the copyrighted work; "Luke Skyywalker Goes to the Supreme Court" is an animated short that tells the story of 2 Live Crew’s Luther Campbell and his battle for free speech. “I’m just upset I wasn’t asked to make a cameo in the video,” laughs Luther Campbell, a.k.a. If I hadn’t made the appeal, it wouldn’t have set a precedent and become case law.” (The case actually dragged on for another two years on appeal, and went to the Supreme Court, which upheld the ruling.). Campbell, who will be 60 in December, still lives in his native Miami, home-schooling his 11-year-old son and, for the past 15 years, coaching high school football. The absence of evidence or affidavits addressing the effect of 2 Live Crew's song on the derivative market for a nonparody, rap version of "Oh, Pretty Woman" disentitled 2 Live Crew, as the proponent of the affirmative defense of fair use, to summary judgment. Earlier that year, the U.S. Court for the Southern District of Florida had ruled “Nasty” as obscene, a decision that was subsequently overturned by the Eleventh Court of Appeals. Nearly a quarter of a million sales later in 1994, Acuff-Rose Music sued for copyright infringement. White-Smith Music Publishing Co. v. Apollo Co. American Broadcasting Cos., Inc. v. Aereo, Inc. Elektra Records Co. v. Gem Electronic Distributors, Inc. Apple Computer, Inc. v. Franklin Computer Corp. Midway Manufacturing Co. v. Artic International, Inc. Broderbund Software Inc. v. Unison World, Inc. Computer Associates International, Inc. v. Altai, Inc. Itar-Tass Russian News Agency v. Russian Kurier, Inc. Veeck v. Southern Building Code Congress Int'l, Penguin Group (USA) Inc. v. American Buddha, https://en.wikipedia.org/w/index.php?title=Campbell_v._Acuff-Rose_Music,_Inc.&oldid=992416456, United States Supreme Court cases of the Rehnquist Court, Creative Commons Attribution-ShareAlike License. The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107. The label sued, and the case made it to the Supreme Court. And … Upholding the lower court, the Sixth Circuit Vote. 2 Live Crew was a main focus of the PMRC's witch hunt, and their album "As Nasty As They Wanna Be" was ruled obscene by a judge and subsequently banned in Broward County, Florida, making it illegal to even sell the album. Had they been convicted, 2 Live Crew leader Luther (Luke) Campbell and group members Mark Ross and Christopher Wongwon could have each faced penalties of … The amount of the original work which is appropriated is a factual issue, but the question whether the taking is excessive under the circumstances is one of law. 1, ‘Framing Britney Spears’ Gets U.K. Release on Sky, 2021 Oscars Predictions: All Awards Categories, 2021 Awards Season Calendar: Voting, Nominations and Ceremonies Leading to the Oscars, Ari Gold, Pioneering LGBTQ Artist, Dies at 47, ‘Your Honor’ Finale: Peter Moffat on That Shakespearean Ending, ‘Pretty in Pink’ Director Howard Deutch on Film’s Legacy and Casting Molly Ringwald, Chris Harrison Briefly ‘Stepping Aside’ From 'The Bachelor' in Wake of Racist Controversy, Box Office: ‘The Croods 2’ Tops ‘Judas and the Black Messiah’, Hollywood Is (Finally) Beginning to Rewrite Its Script on Disability Inclusion (Guest Column), ‘Million Dollar Baby’ Producer Tom Rosenberg Asks $25 Million in Beverly Hills, The Best Workout Clothes to Shop Right Now, This Renowned Brewery Wants to Deliver Its Rarest Craft Beers Right to Your Door, Sportradar to Make Fraud Detection Service Free For Hundreds of Leagues, Unlock Your Inner Musical Genius and Create a Masterpiece With These MIDI Controllers. On remand, the parties settled the case out of court. In 1989, she defended the 2 Live Crew in their landmark 1989 case which resulted in the overturning of a Broward County, FL ban on the group’s controversial album As Nasty As They Wanna Be.. Acuff-Rose Music refused to grant the band a license but 2 Live Crew nonetheless produced and released the parody. They charged 2 Live Crew with plagiarism for recording a parody of the song on As Clean as They Wanna Be, alleging that the reinterpretation tarnished the image of the original. A jury acquitted 2 Live Crew and later, Too Much Joy, a band that was also arrested in Florida, was acquitted as well. © Copyright 2021 Variety Media, LLC, a subsidiary of Penske Business Media, LLC. “It ended up causing real repercussions at Warners,” Morris says, with considerable understatement. The court's decision was a victory for free speech advocates in general and the rap group 2 Live Crew in particular. Although Acuff-Rose stated that it was paid under the settlement, the terms were not otherwise disclosed.[2]. Court Supreme Court of the United States Key Facts Plaintiff-respondent, a music publisher and co-owner of the Roy Orbison 1964 rock ballad Oh, Pretty Woman, accused defendants-petitioners, hip-hop group 2 Live Crew, of infringing Orbison’s song by releasing a 1989 parody version titled Pretty Woman. Although this was the first time that obscenity charges had ever been brought against song lyrics, the 2 Live Crew case focused the nation's attention on an old question: should the government ever have the authority to dictate to its citizens what they may or may not listen to, read, or watch? save. (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and. He was no stranger to litigation. The Supreme Court then found the aforementioned factors must be applied to each situation on a case by case basis. The case was named after Luther R. Campbell (a.k.a. The district court, having found that 2 Live Crew created a parody in the popular sense, applied the conjure up test. Luke's character appeared at Saturday Night Live in a parody. “I sat there waiting for my name to be called, and I heard, ‘Madonna!’” he laughs. Fisher, 794 F.2d at 438, n. 4. Read Next: How ‘American Idol’ Used Claudia Conway, Former Warner Bros. Records Chairman/CEO Russ Thyret Dies at 76, Trent Reznor and Jon Batiste Explain How Pixar’s ‘Soul’ Got Its Musical Heart, Lockdown Blues: Music Trade Show NAMM Goes Virtual Following Banner Year for Instrument Sales, found Campbell and the group not guilty of obscenity charges, ‘Sex Education’ Star Simone Ashley to Lead ‘Bridgerton’ Season 2 Opposite Jonathan Bailey, Kevin James’ ‘The Crew’ Rehashes Lazy, Sexist Sitcom Clichés: TV Review, Johnny Pacheco, Influential Salsa Musician and Fania Records Co-Founder, Dies at 85, Oscars Predictions: Best Picture – For the First Time This Awards Season, Netflix’s ‘Trial of the Chicago 7’ Moves to No. The Supreme Court, carving out a safety zone for parody within the constraints of Federal copyright law, today unanimously overturned a lower court's judgment that the rap group 2 Live Crew … In tandem with then-Interscope Records chief Jimmy Iovine, Morris and Universal reaped millions from the success of the fast-rising genre, via deals with Suge Knight’s notorious Death Row (another Warner castoff), Cash Money and Def Jam Records. Atlantic Records head Doug Morris became incensed when he saw TV coverage of the group being arrested in June after a performance at Club Futura in Hollywood, FL. The state attorney, Michael Satz, decided against pursing other cases … Why should I? The Norton/Grove Concise Encyclopedia of Music 613 (1988). If I had kept my mind right, there would have been no Suge Knight… Hey,” he laughs. 12/18/20 Court Affirms Live Cameras at Trial in George Floyd Case. 2 Live Crew contends that the album was released on July 15, and the District Court so held. The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107. The case was called “2 Live Crew vs. Roy Orbison” in the press, but strictly speaking, the landmark case had a much drier name: Campbell v. Acuff-Rose Music. Reunited 2 Live Crew Talk Running From the Cops, Winning in the Supreme Court Infamous Miami trio share their wildest road story and break down the evolution of their “nasty” sound In a world where a song as raunchy as Cardi B and Megan Thee Stallion’s “WAP” is dominating the airwaves, it’s hard to believe that 30 years ago, the potty-mouthed Florida rap group 2 Live Crew was fighting obscenity charges in a federal appeals court. In the end, the controversy actually ended up helping sales. According to press reports, under terms of the settlement, Acuff-Rose dismissed its lawsuit, and 2 Live Crew agreed to license the sale of its parody of the song. Some music critics have dismissed the music of the 2 Live Crew as mediocre rap. The 2 Live Crew version of the Roy Orbison classic "Pretty Woman" was accused to be plagiarism but was ruled to be a case of "fair use" which allows parodies. The Court, as did the trial court, believed that 2 Live Crew did not use any more lyrics than were necessary from Oh, Pretty Woman and therefore ruled that the third factor favored 2 Live Crew's fair use defense, but since the Court had already remanded the case on the fourth factor it then also decided to remand on the question of whether the quantity of copying was excessive or not. A fair use copyright parody case involves the rap group, 2 Live Crew, and the opening musical line of the song “Pretty Woman” from the original motion picture. “The obscenity case was extremely far-reaching for hip-hop,” Luke says of his pride in the outcome. Like a book review quoting the copyrighted material criticized, parody may or may not be fair use, and petitioner's suggestion that any parodic use is presumptively fair has no more justification in law or fact than the equally hopeful claim that any use for news reporting should be presumed fair.". The line was “Oh, Pretty Woman, walking down the street.” 2 Live Crew’s use of this line is considered fair because their melody and rest of lyrical work was completely different from the original “Pretty Woman” song. They crapped on me!”. The court compared the song to the original before applying the four steps. The Supreme Court found the Court of Appeals analysis as running counter to this proposition. (4) the effect of the use upon the potential market for or value of the copyrighted work. Acuff Rose filed an appeal to the United States Court of Appeals for the Sixth Circuit in Canonicate, which reversed the trial judge and held that ”all commercial parodies required a license and permission of the owner of the original work.” Copyright Office Practices, Copyright status of works by the federal government of the United States, Copyright status of works by subnational governments of the United States, Berne Convention Implementation Act of 1988, Online Copyright Infringement Liability Limitation Act, WIPO Copyright and Performances and Phonograms Treaties Implementation Act, Unlocking Consumer Choice and Wireless Competition Act. The District Court granted summary judgment for 2 Live Crew, holding that their song was a parody that made fair use of the original song under § 107 of the Copyright Act of 1976 (17 U.S.C. ... 12/8/20 Attorney Involved in Jennifer Dulos Case Speaks to Court TV. This page was last edited on 5 December 2020, at 04:14. The Court elaborated on this tension, looking to Justice Story's analysis in Folsom v. Marsh, 9 F. Cas. The commercial nature of a parody does not render it a presumptively unfair use of copyrighted material. The 2 Live Crew And 30 Years Of The Parental Advisory Label. It's a great video.'' When looking at the purpose and character of 2 Live Crew's use, the Court found that the more transformative the new work, the less will be the significance of the other three factors. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use analysis. Nationality: United States Executi. 1990: One look at their raunchy discography and lyrical content will tell you that Miami's 2 Live Crew has never been one to shy away from controversy. 2 Live Crew, “Pretty Woman” In 1994, the Supreme Court of the United States handed down its decision in Campbell v. Acuff-Rose Music, Inc. , a case involving Florida rap collective 2 Live Crew. CAMPBELL v. ACUFF-ROSE MUSIC, INC.(1994) No. They were defending 2 Live Crew's parody of the song 'Oh, Pretty Woman' by Roy Orbison. The Case of 2 Live Crew and Pretty Woman The leading case on fair use as it pertains to musical parody is Campbell v. In fact, the Court found that it was unlikely that any artist would find parody a lucrative derivative market, noting that artists "ask for criticism, but only want praise. hide. I didn’t have to challenge the ruling in federal court, but I was prepared to go to jail for my rights. 92-1292 Argued: November 9, 1993 Decided: March 7, 1994. 17 Jun 2020 2:31 PM . Gender: Male Race or Ethnicity: Black Sexual orientation: Straight Occupation: Rapper. In his column for Miami’s New Times newspaper, Uncle Luke from 2 Live Crew voiced his support of Kagan. Just two years later, Warner Music Group’s Sire Records would put out Ice T and Body Count’s “Cop Killer,” and within three years after that, not only was the publicly traded Warner out of the hip-hop business, Morris was out of a job, and on his way to Universal. Had they been convicted, 2 Live Crew leader Luther (Luke) Campbell and group members Mark Ross and Christopher Wongwon could have each faced penalties of … Before that Supreme Court decision protected artists in obscenity trials, a state court decision against 2 Live Crew in 1990 marked the first time … As for his acceptance by the industry at large, Campbell remembers attending a Grammy Awards ceremony right after the case, where a speaker praised a certain artist’s efforts in stemming censorship and oppression. Mass. They said that part of the content, along with the original rap lyrics, parodied the Orbison song. Pp. Before that Supreme Court decision protected artists in obscenity trials, a state court decision against 2 Live Crew in 1990 marked the first time … A week later, Skyywalker Records, Inc. filed suit on behalf of 2 Live Crew in federal district court to determine whether the actions of the sheriff’s department constituted an illegal prior restraint and whether the recording was obscene. This analysis was eventually codified in the Copyright Act of 1976 in § 107 as follows: 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. Fronted by Luke Campbell, they were considerably controversial in the U.S. due to the sexually explicit and misogynistic content in their songs, particularly on their 1989 album As Nasty As They Wanna Be. 2 Live Crew founder Uncle Luke speaks about his book and his role in paving the way for free ... We went to the Supreme Court for free speech but the case was a parody case. In the end, the 2 Live Crew case was decided on the so-called Miller Test, the “three-pronged definition of obscenity” including elements of community standards, offensive content and … Parodies in general, the Court said, will rarely substitute for the original work, since the two works serve different market functions. Mr. Rogow and Mr. Campbell discussed their Supreme Court case with reporters. ... We went to the Supreme Court for free speech but the case was a parody case… I appreciate it if you understand the history and pay respect to people like myself.”. “I stood up for hip-hop,” he says. 2 Live Crew won a judgment from the trial court. “Whether I get credit for it or not. When I look back, I realize the far-reaching importance of it, but at the time we were somewhat blackballed by both the mainstream and hip-hop industry. Add an item to your cart to make a purchase. Skyywalker Records, the record company of 2 Live Crew’s lead performer Luther Campbell, and the four members of the group filed a lawsuit in federal court, seeking a judicial declaration that their album was not obscene and that the actions of Navarro imposed an unconstitutional prior restraint on expression. The Court did find the third factor integral to the analysis, finding that the Court of Appeals erred in holding that, as a matter of law, 2 Live Crew copied excessively from the Orbison original. In the late 1980s, state prosecutors brought a criminal obscenity charge against the owner of a record store for selling an album by the rap group, 2 Live Crew. As a result, both songs were reproduced in the United States Reports along with the rest of the opinion, and may now be found in every major American law library. Luther Campbell, aka Luke Skyywalker, lead singer of the rap group 2 Live Crew is surrounded by a sea of microphones after meeting other band … 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. By JC Villamere. 342 (C.C.D. The court found that, in any event, a work's commercial nature is only one element of the first factor enquiry into its purpose and character, quoting Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417. 2 Live Crew sued Navarro in federal court, seeking to pre-empt further legal action against the album. Sure, they’d been banned before. The irony isn’t lost on Uncle Luke, either, who was given entrée into the mainstream record business but let it slip away. ", The Supreme Court reversed the court of appeals and remanded the case. According to a flier the Capitol Steps, the satirical, topical singing group from Alexandria, VA, sent me, 2 Live Crew (not Milli Vanilli, as I misstated in a thread on plagiarism in General Questions) was taken to court by the music publisher that owned the rights to Roy Orbison’s song “Pretty Woman.” The case went to the U. S. Supreme Court. 20 … share. Your cart is currently empty. 2 Live Crew Discuss Pretty Woman Supreme Court Case 'Campbell v Acuff-Rose' (1994) Close. “It was a matter of principle for me, defending freedom of speech and the First Amendment. Kyle Munzenrieder ... Edit: Of course, the 2 Live Crew case is far from the only decision that could impact the Fairey lawsuit. The justices decided that the 2 Live Crew version "commented on" the earlier song and seemed to criticize it. U.S. District Court for the Middle District of Tennessee Judge Thomas Wiseman ruled in favor of 2 Live Crew, but the band lost on appeal at the Sixth … 2 Live Crew plays "[b]ass music," a regional, hip hop style of rap from the Liberty City area of Miami, Florida. The case will be heard by the Supreme Court on Tuesday, November 9th. 2 Live Crew's Supreme Court Win May Impact Shepard Fairey's Case. Souter reasoned that the "amount and substantiality" of the portion used by 2 Live Crew was reasonable in relation to the band's purpose in creating a parody of "Oh, Pretty Woman". “I haven’t been to the Grammys since. “Being arrested for selling music?” says Morris, who is now 81 and not only still in the game, running the 12 Tone label, but basking in the success of “one of the biggest hits I’ve ever had,” Joji’s “Run.” He responded to the 2 Live Crew controversy by signing Campbell to Atlantic, agreeing to distribute both “Nasty” and a new single timed for July 4, “Banned in the U.S.A.” — a parody song for which 2 Live Crew received permission from Bruce Springsteen himself to use the mid-‘80s anthem. ''It's about how 2 Live Crew gets punished and sent to Cuba and Castro is waiting for them. (Campbell v. 1841), where he stated, "look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work." This embodied that concept more than anything I’d seen. The 2 Live Crew was an American hip hop group from Miami, Florida, United States which had its greatest commercial success in the late 1980s to the early 1990s. The members of the rap music group 2 Live Crew—Luke (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." report. Sony Corp. of America v. Universal City Studios, Inc. 2 The parties argue about the timing. While Acuff-Rose found evidence of a potential "derivative" rap market in the very fact that 2 Live Crew recorded a rap parody of "Oh, Pretty Woman" and another rap group sought a license to record a rap derivative, the Court found no evidence that a potential rap market was harmed in any way by 2 Live Crew's parodic rap version. Uncle Luke and Luke Skyywalker, the man who masterminded the group, serving not just as a member but the head of his own record label, but initially selling records that would ultimately go platinum, like “As Nasty as They Wanna Be,” out of the trunk of his car.
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