Business Law- Copyright Law. (Answer IRAC format ) Question: “Hey, Paula,” a pop
ID: 353938 • Letter: B
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Business Law- Copyright Law. (Answer IRAC format ) Question: “Hey, Paula,” a pop hit that spent months on the music charts, was back on the radio 30 years later, but in a form the song’s author never intended. Talk-show host Rush Limbaugh played a version with the same music as the original but with lyrics that poked fun at President Bill Clinton’s alleged sexual misconduct with Paula Jones. Has Limbaugh violated the author’s copyright? Business Law- Copyright Law. (Answer IRAC format ) Question: “Hey, Paula,” a pop hit that spent months on the music charts, was back on the radio 30 years later, but in a form the song’s author never intended. Talk-show host Rush Limbaugh played a version with the same music as the original but with lyrics that poked fun at President Bill Clinton’s alleged sexual misconduct with Paula Jones. Has Limbaugh violated the author’s copyright?Explanation / Answer
Limbaugh has not violated the Author's copyright as it complies with the Fair Use defense against any liability for copyright infringement. This Fair Use defense can only be used when the newly created work justifies itself as a parody. As this new creative work, criticizes the conduct of a person, it can rightly be categorized as a parody. Moreover, any indictment in the case of Copyrights violation depends largely on the use of the old work in the New work and also to the extent to which changes has been made in the new work over and above the old work. In this case, we can clearly say that the usage of the new work was for non-commercial and entertainment purpose plus we can also conclude that an entirely new set of lyrics was used in the new work. This doesn't lead to copyright violation and hence couldn't be penalized for.
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