How did transformativeness become the key to copyright fair use
Date: 12:10pm PST January 28, 2014 Location: Erskine B. Wood Hall rm 7
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.