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Business Law Question 2) The plaintiffs-appellants, Marvin Fisher and Jack Segal composed and own the copyright to the '50s standard When Sunny Gets Blue. In

Business Law Question

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2) The plaintiffs-appellants, Marvin Fisher and Jack Segal composed and own the copyright to the '50s standard When Sunny Gets Blue. In late 1984, a law firm representing the defendants-appellees - disk jockey Rick Dees, Atlantic Recording Corp., and Warner Communications, Inc. - contacted Fisher and requested permission to use part or all of the music to "When Sunny Gets Blue" in order to create a comedic and inoffensive version of the song. Fisher refused the request. A few months later, Dees released a comedy record album (also issued in cassette form) called Put It Where the Moon Don't Shine. One cut on the album, entitled When Sonny Sniffs Glue (the parody), is an obvious take-off on the composers' song. The parody copies the first six of the song's thirty-eight bars of music - its recognizable main theme. In addition, it changes the original's opening lyrics - "When Sunny gets blue, her eyes get gray and cloudy, then the rain begins to fall" to "When Sonny sniffs glue, her eyes get red and bulgy, then her hair begins to fall." The parody runs for 29 seconds of the approximately forty minutes of material on Dees's album. The composers of the song, When Sunny Gets Blue, claimed that their song was infringed by When Sonny Sniffs Glue. Do you agree with the composers that this is copyright infringement of would it constitute fair use? Why

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