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Readers here will know that we've followed the trademark and copyright lawsuit filed by the estate of Dr. Seuss against ComicMix...

In the span of two weeks, decisions from the Supreme Court and the Court of Appeals for the Second Circuit manifest the complex nature of the copyright doctrine of fair use and how its contextual application can lead to opposite results.

To embed, copy and paste the code into your website or blog: For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works. The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is itself infringement. Courts, practitioners, and creators alike have struggled to draw the line: when is a transformative use an infringing ...

To print this article, all you need is to be registered or login on Mondaq.com. For nearly two decades, the "transformative use test" has been a staple of fair use analysis, and particularly in the Second Circuit.  The Copyright Act, however, uses the word "transformative" not in the section on fair use but in defining derivative works.  The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is itself infringement.  Courts, practitioners, and creators alike have struggled to draw the line: when ...

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All Tuesday, April 6, 2021 For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit.  The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works.  The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is itself infringement.  Courts, practitioners, and creators al...