FUNNY IS FAIR: THE CASE FOR ACCORDING INCREASED VALUE TO HUMOR IN COPYRIGHT FAIR USE ANALYSIS!

摘要

Before the Supreme Court's decision in Campbell v. Acuff-Rose Music, Inc.,3 parody's claim to copyright fair use was not given the same welcome in all cases. Although Campbell for the first time definitively accorded parody its own place at the table of fair comment and criticism, it conditioned this reception on commenting at least in part on a plaintiff's work. After Campbell, in order for any unauthorized humorous use of a prior work to be eligible for fair use treatment, it must be, in the words of Justice Souter1, a "parody" that "at least in part, comments on [the first] author's works."4