In Fisher v. Dees, Rick Dees is sued for using portions of Marvin Fisher and Jack Segal’s song “When Sunny Gets Blue” in his song “When Sonny Sniffs Glue.” It is upheld that Dees’ version is a parody which is defendable under Fair Use.  In arguing this case it was noted that the labeling of a work as a ‘parody’ does not single-handedly defend it and that it “must be considered individually, in light of the statutory factors, reason, experience, and, of course, the general principles developed in past cases.”  The main arguments against Dees in this case included the subject of the parody, the propriety of Dees’ conduct, the purpose and character of the use, the economic effect of the use and the amount and substantiality of the taking.  All of the previous arguments were rejected with sufficient reasoning and the court decided Dees’ song “is a parody deserving of fair-use protection as a matter of law.”

This is relevant to my thesis in determining whether or not my work is a parody that falls under Fair Use.  The arguments used in Fisher v. Dees can be applied to my work to help in the decision.  Fisher v. Dees is most often cited as an example of a case where the economic issue was important, specifically in respect to whether or not the newly created work “fulfills the demand for the original.”  It presents this as one of the more important factors involved with regards to parodies.  Using this argument would support a claim that my work is a parody that is protected by fair use as my work (a play) does not “fulfill the demand for the original (a song).”