Issue of the case -- what specific concepts and terms were involved – in other words, why is the case before the Court
The case is before the Court because a Tort was committed against Acuff Rose Music, Inc. Some of the terms used in the case were "Limitations on exclusive rights: Fair Use" and "Parodies". This case has become an issue becuase Acuff Rose Music, Inc. believes 2 Live Crew infringend upon their copyrights. This is an issue becuase Roy Orbison worked hard on his music. Acuff Rose Music, Inc is defending his legacy by saying it wasn't okay to sample his music without permission. This infraction violates the moral honor of Roy Orbison. They believed 2 Live Crew's version defiled the song and it meaning. The lyrics and rythym sound similar but have very different meanings. The version shown here is the original by Roy Orbison
"Pretty woman, walking down the street
Pretty woman, the kind I like to meet
Pretty womanI don't believe you,
you're not the truth
No one could look as good as you
Mercy
Pretty woman, won't you pardon me
Pretty
woman, I couldn't help see
Pretty womanThat you look lovely as can be
Are you lonely just like me
Pretty woman, stop a while
Pretty
woman, talk a while
Pretty woman, give your smile to me
Pretty woman,
yeah yeah yeah
Pretty woman, look my way
Pretty woman, say you'll stay
with me'
Cause I need you,
I'll trear you right
Come with me
baby,
be mine tonight
Pretty woman, don't walk on by
Pretty
woman, make me cry
Pretty woman, don't walk away, hey...
okay
If
that's the way it must be, okay
I guess I'll go on home, it's late
There'll be tomorrow nigh,
but waitWhat do I see
Is she walking back
to me
Yeah, she's walking back to me
Oh, oh,
Pretty woman" Source
Roy Orbison's original work was created with good intentions. It was creativity at its finest. Unfortunately another version was replicated by 2 Live Crew. It was almost as if 2 Live Crew was stealing Orbison's creative content and claiming it as their own. The lyrics are similar but for someone who has never heard Orbison's original it could have been believed that this was 2 Live's creation. The lyrics shown here are 2 Live Crew's Version:
"Verse 1: [Luke]
Pretty Woman, walking down the street,
Pretty Woman, girl, girl you look so sweet,
Pretty Woman, you, you bring me down to that knee,
Pretty Woman, you make me wanna beg please,
Oh, Pretty Woman.
Verse 2: [Fresh Kid Ice]
Big hairy woman, you need to shave that stuff,
Big hairy woman, you know I bet it's tough.
Big hairy woman, all that hair ain't legit,
'Cause you look like Cousin It.
Big hairy woman
Verse 3: [Brother Marquis]
Bald headed woman, girl your hair won't grow,
Bald headed woman, you got a teeny weeny afro.
Bald headed woman, you know your hair could look nice,
Bald headed woman, first you got to roll it with rice.
Bald headed woman, here let me get this uncle bens for ya,
Ya know what I'm saying, its' better than Rice a Roni
Oh, Bald headed woman
Bridge: [Mr. Mixx]
Big hairy woman, come on in,
[Brother Marquis]
And don't forget your bald headed friend
[Luke]
Hey Pretty Woman, let the boys jump in.
Verse 4: [Mr. Mixx]
Two timin' woman, girl you know you ain't right,
Two timin' woman, you's out with my boy last night
Two timin' woman, that takes a load off my mind,
Two timin' woman, now I know the baby ain't mine
Oh, Two timin' woman
[All]
Oh, Pretty Woman. " Source
As you can see the lyrics are quite similar. The meaning of the two are very differenet. That is the main issue of this case.
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