Parody Lawsuits Revisited

"Even More Parodic Than the Real Thing" is the title of a new article by Bruce Keller, Co-director of the Berkman Center's Clinical Program and Partner at Debevoise & Plimpton LLP, and Rebecca Tushnet, Assistant Professor at NYU School of Law. This article, published in The Trademark Reporter, considers the legacy of Campbell v. Acuff-Rose Music, Inc., in which the Court appeared to draw a distinction between parodies -- generally considered fair uses for copyright purposes -- and satires, which have had a more difficult time qualifying as fair use. The authors conclude that this basic distinction has led to "wildly divergent results" in different courtrooms. "We have no ready answer to this problem," the authors write, "we can only suggest that the parody/satire divide has proved a frolic and detour ill suited to the proper intellectual property policy."