2 Live Crew Is What We Are is an album by now-defunct rap group 2 Live Crew. It was released in 1986 on Luke Records to a great deal of controversy and promptly went gold. In corruption of a minor for selling it to one 14-year old girl. (The clerk was later acquitted)
Held: 2LiveCrew's commercial parody may be a fair use within the meaning of 107.
Even if 2LiveCrew's copying of the original's first line of lyrics and characteristic opening bass riff may be said to go to the original's "heart," that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim.
The absence of evidence or affidavits addressing the effect of 2LiveCrew's song on the derivative market for a nonparody, rap version of "Oh, Pretty Woman" disentitled 2LiveCrew, as the proponent of the affirmative defense of fair use, to summary judgment.
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