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In dispute was the use by rap artist Luther Campbell (then using the alias "Luke Skyywalker") and his band 2 Live Crew of a substantial amount of the Roy Orbison hit song "Oh, Pretty Woman" in a parody.
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Lefty Frizzell, Felice and Boudleaux Bryant, Roy Orbison, Don Gibson, The Everly Brothers, Mickey Newbury, Dallas Frazier, and Whitey Shafer were some of the significant songwriters signed exclusively to Acuff-Rose in the '50's, '60's and early '70's.
Souter reasoned that the "amount and substantiality" of the portion used by 2 Live Crew was reasonable in relation to the band's purpose in creating a parody of "Oh, Pretty Woman".
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The members of the rap music group 2 Live Crew—Luke, Fresh Kid Ice, Mr. Mixx and Brother Marquis—composed a song called "Pretty Woman," a parody based on Roy Orbison's rock ballad, "Oh, Pretty Woman."
In permitting parody without permission, the decision follows the previous United States Supreme Court decision in Campbell v. Acuff-Rose Music, Inc. which ruled that 2 Live Crew's unlicensed use of the bass line from Roy Orbison's song "Oh, Pretty Woman" could constitute fair use even though the work was a commercial use, and extends that principle from songs to novels.