The idea at the heart of the First Amendment – and at the heart of democracy, itself – is that citizens have the right to criticize anything. Article 1, Section 8 of the Constitution establishes the power of Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Congress used this power when it passed the first federal copyright law on May 31, 1790.
[...] It also determined that although the parody had commercial motivation, it also had obvious claim to transformative value,” in that it “provided social benefit by shedding light on an earlier work and, in the process, creating a new one.” The second fair use criterion did not heavily factor into the decision since any parody is inherently based on a work that is creative. In analyzing the third factor of fair use, because it is so difficult to determine quantitatively, courts usually attempt to determine whether the of the original work has been reproduced. [...]
[...] Parody as it Relates to U.S. Copyright Law The idea at the heart of the First Amendment and at the heart of democracy, itself is that citizens have the right to criticize anything. Article Section 8 of the Constitution establishes the power of Congress promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Congress used this power when it passed the first federal copyright law on May There is, however, a conflict between the First Amendment and copyright law that arises when a work uses copyrighted material strictly for the purpose of ridiculing it. [...]
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