Reuse & Derivatives
Parody & Fair Use
Fair use can excuse some uses — like genuine parody — without a license, but it's a narrow, case-by-case defense, not a substitute for clearing your music.
Music's reuse rules have one outer limit: fair use (§107). In *Campbell v. Acuff-Rose Music*, the Supreme Court held that genuine parody — commenting on the original work itself — can be fair use, even when it is commercial.
But fair use is decided case-by-case by a court, and satire (using a song to comment on something else) gets far less protection than parody. It is a defense, not a clearance strategy — when in doubt, license. Most music reuse — covers, samples, interpolations, remixes — is not fair use and does owe royalties.
Good to know
Parody & Fair Use: common questions
- Is a parody cover fair use?
- Maybe — if it genuinely comments on or mocks the original song, a court may find it fair use. A straight cover, or a song that just borrows another track’s appeal, is not parody and still needs clearing.