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Expanding Reach of the Copyright Fair Use Defense

photo-1453945619913-79ec89a82c51Fair use allows for the unauthorized copying of a copyrighted work in limited circumstances. Historically, examples of fair use have included copying for the purposes of criticism, comment, parody, news reporting, teaching, scholarship, or research. Now the application of the fair use defense applies far beyond this. Two court decisions in 2015 illustrate the expanding reach of the fair use defense.

One of the key factors in determining fair use is whether the use is transformative. A work is transformative if it adds something new, with a further purpose or different character than the original work, giving it new expression, meaning, or message.

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