Step 1: Review the Michelle Phan Case
Read this news story about alleged copyright infringement about Michelle Phan, a YouTube celebrity. Here is a copy of the complaint filed by the plaintiffs in the case.
Step 2: Compare to the Campbell v. Acuff-Rose Case
Take another look at the Campbell v. Acuff-Rose case. Consider how you would apply the Supreme Court’s reasoning in Campbell to decide the Michelle Phan case.
Also read: McClskey vs Kemp Supreme Court Essay
This is a U.S. Supreme Court decision that provided guidance for litigants pursuing any copyright infringement claims that might later be brought in the federal courts. The decision in Campbell is still good law today. To understand the case, it is necessary to listen to the two different versions of the Roy Orbison song, “Pretty Woman”. This song is well known to most people even decades after its first recording in the 1960’s. Next, listen to the second version, recorded by 2 Live Crew, which is less well known. Finally, watch the video interview with Luther Campbell, the lead singer for 2 Live Crew, as he explains his views about the case. Which side should win this case? Why? Are you aware of any other copyright infringement cases involving similar facts?
Finally, for an update on Michelle’s career, see this Video: https://www.youtube.com/watch?v=dWLb_5AU-II&feature=youtu.be