Other Defenses

Although fair use is the most commonly asserted defense in copyright infringement actions, a variety of other defenses exist. Chief among them are the following:

  • Parody. Parodies of movies, songs, and novels are considered to be useful forms of social commentary and criticism and thus are generally permissible. Parody is a form of fair use of a work, namely a use for the purposes of criticism. In a recent case, the rap group 2 Live Crew parodied the famous song ''Oh Pretty Woman.'' The court held that the parody was a permissible form of fair use. Although the work was commercial, the parody added new material. Furthermore, the parody was unlikely to supplant the original work. Persons interested in the original song were unlikely ...

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