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http://www.techdirt.com/articles/20140131/16224426064/dr-matthew-rimmer-takes-closer-look-fair-use.shtml>
It is twenty years since the Supreme Court of the United States handed down
its landmark decision on copyright law and the defence of fair use in the
"Pretty Woman" case, Campbell v. Acuff Rose Music. Inspired by the
jurisprudence of Justice Story and Justice Leval, Justice Souter developed a
doctrine of transformative use. His Honour stressed that "the goal of
copyright, to promote science and the arts, is generally furthered by the
creation of transformative works." Justice Souter observed: "Such works thus
lie at the heart of the fair use doctrine's guarantee of breathing space
within the confines of copyright, and the more transformative the new work,
the less will be the significance of other factors, like commercialism, that
may weigh against a finding of fair use."
Share and enjoy,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://www.xanadu.com.au/ Chief Scientist, Xanadu
http://www.glasswings.com.au/ Partner, Glass Wings
http://www.sericyb.com.au/ Manager, Serious Cybernetics
