HELP Background
The hit song for singer Roy Orbison in 1964, “Oh, Pretty Woman” also was the theme song for “Pretty Woman,” a hit movie three decades later. Orbison became famous for his rendition of the song. After eight more top-ten hits, he was inducted into the Rock and Roll Hall of Fame in 1987. Orbison died a short time later at age 52.

Facts
When “Pretty Woman” was recorded in parody form by 2 Live Crew in the early 1990s, the holder of the copyright, Acuff-Rose Music Inc., brought suit for infringement. 2 Live Crew had faced similar conflicts before. Manager-performer Luke, through his company Luke Records, previously had paid George Lucas $300,000 for using the name of Lucas’ Star Wars character Luke Skywalker. The U. S. Supreme Court, which already had overturned a Florida court’s declaration of another 2 Live Crew recording as obscene, was called upon to rule in the “Oh, Pretty Woman” case. Here are some comparative first-stanza lyrics:

Roy Orbison’s version

Pretty Woman, walking down the street

Pretty woman, the kind I like to meet

Pretty woman

I don’t believe you, you’re not the truth

No one could look as good as you

2 Live Crew’s version (Luke rapping, entire group’s words in parentheses)

(Pretty woman)

Ha haaa, walkin’ down the street

(Pretty woman)

Gir, girl, you look so sweet

(Pretty woman)

You, you bring me to the knees

(Pretty Woman)

You make me wanna beg please

(O-o-o-o-oh, pretty woman)

The Law
Section 107 of the Copyright Act allows the “fair use” without permission of copyrighted material for criticism, comment, news reporting, teaching (including classroom use in the form of multiple copies), scholarship, and research without being considered infringement.

The Issue
Does the publication of a parody for commercial gain fall within the protection afforded by Section 107?

Holding
The Court held that 2 Live Crew’s version of the song was a ridiculing commentary on Orbison’s work and deserving of protection against the infringement charges. As long as the work was intended as a parody and not for advertising for the group or its products, the fact that it was a commercial success for 2 Live Crew does not bar the Crew from using the Section 107 defense.

Practice Judging(Questions)
Assess the Court’s holding from a consequences-based ethical standpoint?