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?
a. He can play the song in private performances but cannot sell it.
b. He can neither play the song in any circumstance nor sell it.
c. He can sell the song so long as he has applied for and been granted a copyright.
d. John’s song is probably a valid parody and acceptable within the fair use doctrine.
e. John can play the song only if he can prove that he wrote it without knowledge of “Achy Breaky Heart.”
