2 Live Crew's counsel argues that parody should be fair absent market displacement
2 Live Crew2 Live Crew petitioners, through Bruce S. Rogow in the Supreme Court's November 9, 1993 oral argument
2 Live Crew's counsel argues that parody should be fair absent market displacement.
“The rule that we suggest is that parody is a fair use unless it materially impairs the market for the original, and material impairment of the market for the original means supplant the original.”
Original text
Where this statement fits
Campbell v. Acuff-Rose: 2 Live Crew claims fair use; the publisher alleges infringement
Acuff-Rose Music sued over 2 Live Crew's Pretty Woman, which used elements of Oh, Pretty Woman, written by Roy Orbison and William Dees. At the Supreme Court's November 9, 1993, argument, counsel disputed whether the parody's commercial use and borrowing from the original defeated fair use. On March 7, 1994, the Court unanimously reversed the Sixth Circuit and remanded. Justice David Souter's opinion rejected a presumption against commercial parody and required the statutory factors to be considered together. It did not finally decide every question about the musical borrowing or potential market substitution.
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Original text
About this source
Counsel argue the fair-use treatment of the commercial parody. Counsel's advocacy is distinguished from the Court's later holding.
Archived copy (opens in a new tab)Before the quotation
Rogow asks the Court to reverse the Sixth Circuit and argues that copyright should encourage creativity and parody.
After the quotation
The justices question the proposed rule and what qualifies as parody.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the commercial parody, counsel argues that it is fair use unless it materially supplants the original.
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More from this case
Read the full caseKennedy joins the remand while warning against a blanket parody defense
“As future courts apply our fair use analysis, they must take care to ensure that not just any commercial takeoff is rationalized post hoc as a parody.”Read statement
Acuff-Rose's counsel argues 2 Live Crew's borrowing is not fair use
Acuff-Rose Music
“Now, in that circumstance, I believe that the -- that it is not a fair use.”Read statement
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The Dispute Index. "2 Live Crew's counsel argues that parody should be fair absent market displacement". First published: 2026-10-31. Last updated: 2026-10-31. https://disputeindex.com/events/7477-2-live-crew-s-counsel-argues-that-parody