Parody as it Relates to U.S. Copyright Law
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journalism
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published 29/08/2007
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SummaryThe idea at the heart of the First Amendment – and at the heart of democracy, itself – is that citizens have the right to criticize anything. Article 1, Section 8 of the Constitution establishes the power of Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Congress used this power when it passed the first federal copyright law on May 31, 1790.
Table of Contents
- The most recently adapted copyright law is the 1976 Copyright Act, the parameters of which can be partially outlined
- The first criterion is the purpose and character of the use.
- The third consideration of the fair use clause is the amount and substantiality of the copying in relation to the copyrighted work as a whole
- Since 1994, courts have consistently upheld that parody does, indeed, constitute a fair use of copyrighted material
- In the first factor of fair use, the Court determined that Campbell's song mimicked Dees and Orbison's in order to criticize and comment on its content.
- To this date, the case remains the most definitive legal precedent on the matter of parody in relation to copyright laws and the First Amendment
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