Sierra Nielsen
LAW 442
Class 3 POD Assignment
The Supreme Court emphasized the importance of transformative use in fair use consideration
in Campbell v. Acuff-Rose Music, Inc. The Supreme Court emphasized the importance of
transformative use in fair use consideration in Campbell v. Acuff-Rose Music, Inc.. You could
argue that adding the image of Evan Randall's face to Pasqual's photograph by Mammoth
Studios was innovative. The transformation of Scarlet Monroe from a sad and iconic image to a
funny and ridiculous illustration conforms with the transformative usage requirement. A two-
pronged test was created in Rogers v. Koons, which analyzed the extent of change as well as the
market impact on the original piece of art. A similar transformative element is seen in the
Mammoth Studios situation when Monroe's serious expression gets replaced by a playful smirk
on Randall's face. Additionally, considering that Mammoth's version is fictional and funny, the
sales impact could be minimal. If Mammoth's use of Pasqual's original shot does not cause
harm to the market, a fair use defense will prevail. Mammoth Studios will prevail in the
lawsuit, according to the application of fair use rules established by Campbell v. Acuff-Rose
Music, Inc. and Rogers v. Koons.
