Rick Dees - Controversy

Controversy

In 1984, Dees (and his record company) made a request of Marvin Fisher, the owner of the copyright in the music of the song "When Sunny Gets Blue", for permission to use the song in a parody of the performance by Johnny Mathis. Fisher refused to grant permission for the use. Dees decided to go ahead and do a parody even without the permission of the copyright holder, using about 29 seconds of the song in a parody album titled Put It Where the Moon Don't Shine.

Fisher sued Dees for copyright infringement. The trial court found that the parody song, titled "When Sonny Sniffs Glue," was clearly intended to "poke fun" at the style of singing for which Johnny Mathis was well known, and thus was not infringing. The decision was upheld on appeal, in Fisher v. Dees 794 F.2d 432 (9th Cir. 1986)

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