Copyright Fair Use: The Importance of Being Transformative - Has Transformative Use Gone Too Far?
Tuesday, March 11, 2014 6:30 PM - 8:30 PM
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Transformativeness has increasingly become the key inquiry in copyright fair use cases. In recent years, however, there have been diverse and conflicting opinions in the courts as to whether a use is transformative, so it is often difficult to predict the outcome of fair use cases.
This panel will engage in a lively discussion on the appropriateness and increasing importance of transformative use, which courts generally consider when analyzing the first of four fair use factors, "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes." 17 U.S.C. Â§ 107 (1). The panelists will also respond to the central question: has transformative use gone too far?
Moderator: JUDITH B. PROWDA, Senior Faculty, Sotheby's Institute of Art; Attorney-at-Law
Speakers: JUDGE DENNY CHIN, United States Court of Appeals for the Second Circuit; DALE CENDALI, Kirkland & Ellis LLP; RICHARD DANNAY, Cowan Liebowitz & Latman, P.C.; PAMELA SAMUELSON, Professor of Law, Berkeley Law School, Co-Director, Berkeley Center for Law and Technology
Sponsored by: Committee on Art Law, Dean Nicyper, Chair; Committee on Copyright and Literary Property, Andrea Calvaruso, Chair; Committee on Communications and Media, Jonathan Donnellan, Chair; Committee on Entertainment Law, Judith B. Bass, Chair