Please share broadly and encourage anyone interested to reach out to me for more information.
I was re-reading it to remind myself how exactly parody is defined by the Supreme Court:
For the purposes of copyright law, the nub of the definitions, and the heart of any parodist's claim to quote from existing material, is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works.
The Act has no hint of an evidentiary preference for parodists over their victims, and no workable presumption for parody could take account of the fact that parody often shades into satire when society is lampooned through its creative artifacts, or that a work may contain both parodic and non parodic elements. Accordingly, parody, like any other use, has to work its way through the relevant factors, and be judged case by case, in light of the ends of the copyright law.
While we might not assign a high rank to the parodic element here, we think it fair to say that 2 Live Crew's song reasonably could be perceived as commenting on the original or criticizing it, to some degree.
Interstingly, I can buy Orbison through Google Play (and you can listen to it for free through the link below), but 2 Live Crew's parody isn't available through that store - you can find it streaming here http://youtu.be/65GQ70Rf_8Y or for download/purchase here http://www.amazon.com/Me-So-Horny-Explicit/dp/B0015AEF5A/.
Content providers operate in the systems ecosystem of the licensing academic library, but they have been challenged to integrate their offerings as seamlessly into this ecosystem as would benefit researchers. To adapt, publishers need to examine not only the usability of their own platforms and how they can continue to be improved, but also how they are in practice used in scholarly research alongside other content platforms and intermediary services. As distance learning continues its inexorable growth and research practices continue to anticipate always-connected devices, it is becoming more urgent for libraries, content providers, and other intermediaries to work together to address these problems.
- ITHAKAProgram Director, Ithaka S+R, 2004 - present
- The Andrew W. Mellon FoundationResearch Associate, 1999 - 2003
- Yale University1995 - 1999
- Princeton High School1991 - 1995
- John Witherspoon Middle School1987 - 1991
- Hunter College Elementary School1982 - 1987
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