Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 28 (1994)

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596

CAMPBELL v. ACUFF-ROSE MUSIC, INC.

Kennedy, J., concurring

'Cause you look like 'Cousin It'

Big hairy woman

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 hunk of biz for ya Ya know what I'm saying you look better than rice a roni Oh bald headed woman

Big hairy woman come on in

And don't forget your bald headed friend Hey pretty woman let the boys Jump in

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 Oh pretty woman

Justice Kennedy, concurring.

I agree that remand is appropriate and join the opinion of the Court, with these further observations about the fair use analysis of parody.

The common-law method instated by the fair use provision of the copyright statute, 17 U. S. C. § 107 (1988 ed. and Supp. IV), presumes that rules will emerge from the course of decisions. I agree that certain general principles are now discernible to define the fair use exception for parody. One of these rules, as the Court observes, is that parody may qualify as fair use regardless of whether it is published or per-

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