Hawaii
How Campbell v. Acuff-Rose Music, Inc. applies in Hawaii: state-specific rules, key cases, and bar exam notes for Copyright.
Hawaii adheres to the transformative use standard established in Campbell v. Acuff-Rose, applying it in the analysis of fair use claims under its copyright law. The state examines whether the new work adds something new, with a further purpose or different character, transforming the original work.
In Hawaii, fair use evaluation considers factors similar to those of federal law but emphasizes the purpose and character of the use, particularly its transformative nature.
The Ninth Circuit ruled that use of Hawaiian Airlines' logo for parody lacked a transformative character, suggesting a more rigid application of the transformative use standard.
The court held that the song 'Barbie Girl' was transformative and therefore met the fair use criteria, echoing the principles in Campbell.
Determined that the use of flight schedules by Aloha Airlines was not transformative, indicating a strict view on fair use applications similar to Campbell principles.
Hawaii's approach to fair use parallels federal standards outlined in Campbell v. Acuff-Rose, focusing on transformative use. However, Hawaii courts have been known to scrutinize the purpose of the use more strictly, particularly in commercial settings.
Fair use principles, especially the transformative aspect, frequently appear in Hawaii bar exams, requiring a nuanced understanding of both state and federal law.