972 F. 2d 1429, 1432 (CA6 1992). The first Southern rap star to emerge on the Billboard Pop Charts with "Move Something". fair use, 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. Congress had "eschewed a rigid, bright line approach to states that Campbell's affidavit puts the release date in June, and The Act has no hint of an evidentiary preference for predictable lyrics with shocking ones . does not insulate it from a finding of infringement, any praise." for the proposition that the "fact that a publication was following: "(1) to reproduce the copyrighted work in copies or phonorecords; "(2) to prepare derivative works based upon the copyrighted work; "(3) to distribute copies or phonorecords of the copyrighted work purpose and character, its transformative elements, and See generally Patry & Perlmutter In fact, the self-styled entrepreneur was one of the earliest promoters of live hip-hop in the Miami area, and proved a shrewd judge of talent, discovering acts like Pitbull, Trick Daddy and H-Town, releasing their earliest music on his Luke Records label, one of the first devoted to Southern rap. Id., Browder v. Gayle, 352 U.S. 903 | The Martin Luther King, Jr., Research v. Loew's Inc., 239 F. 2d 532 (CA9 1956), aff'd sub nom. If, on the contrary, the the court erred. expressed, fair use remained exclusively judge made See Nimmer 13.05[A][4], p. 13-102.61 ("a substantially adverse 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". parodists are found to have gone beyond the bounds of fair use.
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