September 29, 2015

Party Rock Anthem Not A Parody Of Hustlin'; Material Questions Remain Regarding Fair Use Defense

Roberts v. Gordy et al, No. 13-cv-24700 (S.D. Fla. dated Sep. 17, 2015).

The Court found that defendants are precluded at trial from arguing that Party Rock Anthem parodies the song Hustlin', but that summary judgment was inappropriate because questions of fact remain regarding whether Defendants' use, outside the parody context, was a fair use.  Specifically, material questions existed regarding the purpose and transformativeness of Defendant's use and the market impact of their use.