David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The U.S. Supreme Court recently held that a parody by the rap group 2 Live Crew of Ray Orbison's song "Oh, Pretty Woman" was "fair use" and thus did not infringe the copyright. Although the court insisted that it was not evaluating the quality of the parody, I argue that it does in fact make several aesthetic evaluations and sometimes even seems to praise the content of the parody. I ﬁrst consider the stated reasons for the claimed refusal of the court to evaluate aesthetic quality. Second, I examine the evaluations which the court in fact does make, at least some of which are clearly aesthetic evaluations. I then argue that aesthetic value judgments are both necessary and possible for determinations of "fair use" for such works as the "Pretty Woman" parody.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Gabriel Uzquiano (2004). The Supreme Court and the Supreme Court Justices: A Metaphysical Puzzle. Noûs 38 (1):135–153.
Simon Butt, The Constitutional Court's Decision in the Dispute Between the Supreme Court and the Judicial Commission: Banishing Judicial Accountability?
William A. Edmundson (2007). Schauer on Precedent in the U.S. Supreme Court. Georgia State University Law Review 24 (2):403-13.
Vojko Strahovnik (2004). The Riddle of Aesthetic Principles. Acta Analytica 19 (33):189-208.
Theodore W. Ruger (2004). The United State Supreme Court and Health Law: The Year in Review: The Supreme Court Federalizes Managed Care Liability. Journal of Law, Medicine and Ethics 32 (3):528-531.
Charles T. Kotuby Jr, Private International Law Before the United States Supreme Court: Recent Terms in Review.
David C. Thompson & Melanie Wachtell, An Empirical Analysis of Supreme Court Certiorari Petition Procedures: The Call for Response and the Call for the Views of the Solicitor General.
Kristin Lefebvre (2007). An Ethical Evaluation of the Supreme Court Decision Regarding ERISA Interpretation. Journal of Philosophical Research 32 (Supplement):327-334.
Michael J. Saks (2008). Explaining the Tension Between the Supreme Court's Embrace of Validity as the Touchstone of Admissibility of Expert Testimony and Lower Courts' (Seeming) Rejection of Same. Episteme 5 (3):pp. 329-342.
Added to index2010-12-22
Total downloads14 ( #131,517 of 1,681,726 )
Recent downloads (6 months)2 ( #112,061 of 1,681,726 )
How can I increase my downloads?