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Fisher v. Dees
''Fisher v. Dees'' was a 1986 case whose judgement refined the doctrine of fair use in American copyright law.
== History and impact ==
In 1984, Rick Dees, a disc jockey, sought and was refused permission to use Marvin Fisher’s song ''When Sunny Gets Blue,'' with the intention of creating a "comedic and inoffensive" version. Although the request was rejected, Dees released an album, ''Put It Where the Moon Don’t Shine,'' with a song entitled ''When Sunny Sniffs Glue.'' It sampled from the very recognizable main theme, along with recognizably altered song lyrics: "When Sunny gets blue, her eyes get gray and cloudy, then the rain begins to fall"
was changed to
"When Sunny sniffs glue, her eyes get red and bulgy, then her hair begins to fall." The parody used 29 seconds of the song.〔Samples available at (Internet Archive ).〕 Fisher and his affiliated parties filed a complaint on the grounds of unfair competition, defamation and copyright infringement.
With respect to the copyright infringement claim, the court held that the fair use doctrine protected Rick Dees because of the lack of detrimental economic impact and the editorial nature of the song.
According to an unrestricted Shepherd's summary, this case has been cited 91 times, with the majority of the cases dealing with commercial parodies, but a large plurality are also cited within the realm of government works. ''Fisher v. Dees'' has had a large effect on defining what constitutes a parody and bounding the concept of “fair use.”〔(【引用サイトリンク】url=http://www.lexisnexis.com/lnacui2api/shepards/shepLNHeadnotes.do?risbId=21_T17295585788&showAll=true )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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