Posted by: karlcd | November 1, 2012

Thank You – 2 Live Crew

I hate exercise.  I know it is good for you, but I hate it.  It is tedious, hard, time-consuming, and that is why I am glad for the people who exercise for me.  I am not talking about physical exercise, I am talking about exercising your rights.   American University Law Professor Peter Jaszi says “Fair use is a right, but like any right, its reality depends on its exercise”.
  That is why I would like to thank 2 Live Crew for exercising their first amendment right, and fighting all the way to the Supreme Court in the 1994 case Campbell v. Acuff-Rose Music.  This case elevated the importance of fair use, reversed lower courts interpretation of fair use and had cultural significance.   It was a five year fight and in the end 2 Live Crew changed the reality of copy right law.
There are other artists who could of exercised their right to free speech before 2 Live Crew, artists such as De La Soul in 1989, or Weird Al Yankovic in 1983, or Vanilla Ice in 1990.  But these artists all asked for permission to use the samples as part of their work, or when sued over the songs they settled out of court.   So I would like to thank 2 Live Crew for exercising their right (and my right) to free speech and making fair use laws a reality.

2 Live Crew’s song parody of Pretty Woman did not make a lot of money.   If it did, would it still fall under fair use laws?

When Weird Al Yankovic parodies a song he splits the royalties with the copy-write holder.  Do you think he should claim fair use instead?

spotify:user:kcdawson:playlist:6Pv6lV7hJN2V0AA6gC7CCV

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