Travolta V. Rolling Stones Magazine

ISSUE:

Whether or not the use of the photo of John Travolta described in the magazine is considered a parody. Whether or not this photo in question violates the libel defamation and/or copyright laws for use of Travolta’s image. Whether or not Rolling Stones Magazine is protected under their First Amendment rights.

RULE:

Parody: is defined as a literary or musical work in which the style of an author or work is closely imitated for comic effect or ridiculed a feeble or ridiculous imitation.

Fair Use Doctrine Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work

Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use……. “Use in a parody of some of the content of the work parodied”.

First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. It protects the right to freedom of religion and freedom of expression from government interference. The most basic component of freedom of expression is the right of freedom of speech. The right to free speech includes other mediums of expression that communicate a...