John is a country music songwriter who composes a song entitled "Busted,Rusted Heart" in which the melody is similar to that of the 1990s hit by Billy Ray Cyrus,"Achy Breaky Heart." The words also parallel and make fun of the words in the original song.Does John commit copyright infringement if he performs his song and sells copies of it?

Question

Quizplus · Accepted Answer

John's song is probably considered a valid parody and falls under the fair use doctrine. Parody is a form of criticism and protected under the fair use doctrine, but it must have some transformative element that comments on or criticizes the original work. As long as John's song meets this requirement, he can perform it and sell copies without infringing on the copyright of "Achy Breaky Heart."

John Is a Country Music Songwriter Who Composes a Song