Tennessee
How Campbell v. Acuff-Rose Music, Inc. applies in Tennessee: state-specific rules, key cases, and bar exam notes for Copyright.
In Tennessee, the principles established in Campbell v. Acuff-Rose Music, Inc. are similarly utilized to assess fair use in copyright cases. The state's courts weigh the same factors set forth by the Supreme Court to determine if a secondary use qualifies as fair use under federal law.
Tennessee courts evaluate fair use by considering the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market value of the original work.
Held that the unauthorized broadcast of a live performance was not fair use due to its commercial nature.
Found that using a significant portion of a work for educational purposes could qualify as fair use in a non-commercial setting.
Determined that parody as a transformative use likely supported a fair use defense under Tennessee law.
Tennessee's approach mirrors the federal fair use doctrine established in Campbell; however, state courts may place particular emphasis on local policies regarding the cultural significance of a work. Tennessee courts also tend to focus on public interest aspects when considering fair use.
Understanding the implications of Campbell v. Acuff-Rose Music, Inc. is crucial for the Tennessee bar exam, especially regarding copyright law and fair use assessments.