Sheep in Goats' Clothing: Satire and Fair Use After Campbell v. Acuff Rose Music, Inc.

Journal of the Copyright Society of the U.S.A., Vol. 51, No. 2, pp. 257-278, Winter 2004

23 Pages Posted: 7 May 2008

See all articles by Annemarie Bridy

Annemarie Bridy

University of Idaho; Stanford Law School Center for Internet and Society

Abstract

A tricky question emerges from the Supreme Court's decision in Campbell: If a parodic work, to use Justice Souter's words, shades into satire, is it no longer classifiable (and therefore no longer defensible) as a parody? Should it be regarded as having crossed a critical boundary for fair use purposes? Campbell suggests that it should, but there are actually compelling reasons, rooted in principles underlying the doctrine of fair use, why some types of parodic works that shade into satire should not be regarded as infringing. After examining the curious development of the parody/satire distinction within the law of fair use, this article draws on literary theory to propose a workable and more accurate taxonomy than that provided in Campbell, by means of which courts engaging in a fair use analysis can evaluate works that are hybrids of parody and satire.

Keywords: intellectual property, law, copyright, infringement, fair use, parody, satire, literary theory

JEL Classification: K19

Suggested Citation

Bridy, Annemarie, Sheep in Goats' Clothing: Satire and Fair Use After Campbell v. Acuff Rose Music, Inc.. Journal of the Copyright Society of the U.S.A., Vol. 51, No. 2, pp. 257-278, Winter 2004. Available at SSRN: https://ssrn.com/abstract=1071056

Annemarie Bridy (Contact Author)

University of Idaho ( email )

PO Box 83720
Boise, ID 83720-0051
United States

HOME PAGE: http://www.uidaho.edu/law/people/faculty/abridy

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

HOME PAGE: http://cyberlaw.stanford.edu/about/people/annemarie-bridy

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