Acuff-Rose's counsel argues 2 Live Crew's borrowing is not fair use

Acuff-Rose MusicRespondent music publisher, through counsel Sidney S. Rosdeitcher

Condemned

Acuff-Rose's counsel argues that 2 Live Crew's use is not fair use because of how much music it took and sold.

“Now, in that circumstance, I believe that the -- that it is not a fair use.”

Original text

Read the original text (opens in a new tab)Luther R. Campbell v. Acuff-Rose Music, Inc., No. 92-1292: oral argument · Supreme Court of the United StatesNo. 92-1292, Rogow for petitioners and Rosdeitcher for respondent

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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Source and context

Original text

Luther R. Campbell v. Acuff-Rose Music, Inc., No. 92-1292: oral argument (opens in a new tab) · Supreme Court of the United StatesNo. 92-1292, Rogow for petitioners and Rosdeitcher for respondent

About this source

Counsel argue the fair-use treatment of the commercial parody. Counsel's advocacy is distinguished from the Court's later holding.

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Before the quotation

Rosdeitcher argues that the amount borrowed, its musical display and the marketing show the group was selling the original music.

After the quotation

He argues the recording could compete with a rap version the copyright holder might make.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Relative to the parody's unlicensed borrowing, counsel explicitly argues that the use is not fair and exploits the original music commercially.

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Acuff-Rose's counsel argues 2 Live Crew's borrowing is not fair use
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The Dispute Index. "Acuff-Rose's counsel argues 2 Live Crew's borrowing is not fair use". First published: 2026-10-31. Last updated: 2026-10-31. https://disputeindex.com/events/7478-acuff-rose-s-counsel-argues-that-2-live