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Intellectual Property Student Organization (IPSO)

How did transformativeness become the key to copyright fair use

Date: 12:10pm PST January 28 Location: Erskine B. Wood Hall rm 7

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Erskine B. Wood Hall rm 7

Please join us for lunch as IPSO presents the inaugural Student Initiated Lecture Series

 

Speaker: Kim Landsman 

Two cases in 2013 involving the appropriation of art show just how much transformativeness has come to dominate fair use analysis in copyright cases and how that has coincided with, enabled, or even caused a decided tilt toward defendants.  Transformativeness has not, however, added the clarity and predictability most clients desire. 

This talk will trace how the concept came out of nowhere in a 1990 law review article, was  adopted by the Supreme Court in deciding  the Two Live Crew parody, spread in the lower courts to other types of fair use cases, and has effectively replaced the statutory fair use factors.

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