This week, we’ll look at fair use cases and learn about their effect on and meaning for the work that we do. Read the first post in our series about Fair Use Week 2018.
A music publisher, a rap artist, an irreverent parody, and a lawsuit—what do all of these have to do with how we use fair use in a university environment?
Watch! Parody and Fair Use: Campbell v. Acuff Rose
Quite a bit, as it turns out. In the last few decades, the concept of transformational fair use ties into the first factor of a fair use analysis—the purpose and character of the use. Judge Pierre Leval’s 1990 commentary, “Toward a Fair Use Standard” in the Harvard Law Review, first laid out the case for transformative fair use. Leval argued that the analysis of the first factor should turn on “whether, and to what extent, the challenged use is transformative” (p.1111). Continue reading “What Does It Mean to Be Transformative?”