Category Archives: Fair Use

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Second Circuit Suggests that the Value of an Accused Secondary Use Dictates What Constitutes Fair Use

In a recent decision, the Second Circuit further clarified the confines of permissible fair use, reversing the district court’s ruling that functionality that enabled customers to search for videos by term, and to view and archive such videos, was protected fair use. In doing so, the court relied on its “Google Books” fair use decision but … Continue reading this entry

Fair Use Revisited - What's Transformative?

Last month, photographer Peter Cariou petitioned the Supreme Court to overturn the Second Circuit ruling in Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013), a copyright infringement case, in which the Second Circuit held that twenty five artworks created by the appropriation artist Richard Prince–which incorporated Cariou’s original photographs–were fair use and non-infringing. At center in … Continue reading this entry