Labels:book | bulletin board | reckoner | sky OCR: was published for profit render meaningless the congressional imprimatur placed on such uses Id. at 592 (emphasis in original). Until the decision below, the forces in shaping the fair use doctrine as pertained to musical song parodies had been the Second and Ninth Circuit Courts of Appeal. This was casef first impressionin the Sixth Circuit. (J.A. 3511. The Second and Ninth Circuits, in series of decisions including Berlin v. Publications, Inc. 329 F.2d 541 (2nd Cir 1964; Fisherv. Dees 794 F.2d 432 (9th Cir 1986) and Elsmere Music Inc. National Broadcasting Co 623 F.2d 252 (2nd 1980) have long provided an interpretation ot which draws a careful distinction between the parody musical work and the plain piracy of that work for commercial gain These decisions had been the benchmarks which gu ...
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