Comments on: Transformative Use vs. Fair Use? http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/ Keeping politicians' hands off the Net & everything else related to technology Tue, 14 Feb 2012 12:51:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Tim Lee http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-48749 Tim Lee Sat, 08 Sep 2007 00:55:11 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-48749 <p>Oh, my bad. I just skimmed the paper quickly and didn't realize Joe's position was the same as the paper's. I will do that.</p> Oh, my bad. I just skimmed the paper quickly and didn’t realize Joe’s position was the same as the paper’s. I will do that.

]]> By: Luis Villa http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-48748 Luis Villa Sat, 08 Sep 2007 00:05:56 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-48748 <p>Tim: definitely go ahead and read the paper; I think it is pretty readable and explains things more clearly than Joe can in blog-length comments.</p> Tim: definitely go ahead and read the paper; I think it is pretty readable and explains things more clearly than Joe can in blog-length comments.

]]> By: Tim Lee http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-39334 Tim Lee Fri, 07 Sep 2007 23:55:11 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-39334 <p>Oh, my bad. I just skimmed the paper quickly and didn't realize Joe's position was the same as the paper's. I will do that.</p> Oh, my bad. I just skimmed the paper quickly and didn’t realize Joe’s position was the same as the paper’s. I will do that.

]]> By: Luis Villa http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-39333 Luis Villa Fri, 07 Sep 2007 23:05:56 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-39333 <p>Tim: definitely go ahead and read the paper; I think it is pretty readable and explains things more clearly than Joe can in blog-length comments.</p> Tim: definitely go ahead and read the paper; I think it is pretty readable and explains things more clearly than Joe can in blog-length comments.

]]> By: Tim Lee http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-48747 Tim Lee Fri, 07 Sep 2007 22:38:36 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-48747 <p>You should blog about that! It's not clear to me what distinction you would draw between the two and how treating them as separate would improve matters.</p> You should blog about that! It’s not clear to me what distinction you would draw between the two and how treating them as separate would improve matters.

]]> By: Tim Lee http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-39332 Tim Lee Fri, 07 Sep 2007 21:38:36 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-39332 <p>You should blog about that! It's not clear to me what distinction you would draw between the two and how treating them as separate would improve matters.</p> You should blog about that! It’s not clear to me what distinction you would draw between the two and how treating them as separate would improve matters.

]]> By: Joe Gratz http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-48746 Joe Gratz Fri, 07 Sep 2007 21:05:38 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-48746 <p>So you're right that the most important early application of "transformative use" was in <i>Campbell</i>, but you might find it interesting to read the law review article that started it all: <a href="http://docs.law.gwu.edu/facweb/claw/LevalFrUStd.htm" rel="nofollow">Pierre N. Leval, <i>Toward a Fair Use Standard</i>, 103 Harv. L. Rev. 1105 (1990)</a>. Leval, as you may know, is a judge on the Second Circuit Court of Appeals.</p> <p>Its roots are in fair use, but I think I'm in general agreement with Solveig that transformativity should be an independent equitable exception to copyright, separate from fair use. It has the tendency to swallow the entire analysis when it's brought in to fair use. That said, courts have still been calling transformativity "fair use" for years, so separating the two could be difficult.</p> So you’re right that the most important early application of “transformative use” was in Campbell, but you might find it interesting to read the law review article that started it all: Pierre N. Leval, Toward a Fair Use Standard, 103 Harv. L. Rev. 1105 (1990). Leval, as you may know, is a judge on the Second Circuit Court of Appeals.

Its roots are in fair use, but I think I’m in general agreement with Solveig that transformativity should be an independent equitable exception to copyright, separate from fair use. It has the tendency to swallow the entire analysis when it’s brought in to fair use. That said, courts have still been calling transformativity “fair use” for years, so separating the two could be difficult.

]]> By: Joe Gratz http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/comment-page-1/#comment-39331 Joe Gratz Fri, 07 Sep 2007 20:05:38 +0000 http://techliberation.com/2007/09/07/transformative-use-vs-fair-use/#comment-39331 <p>So you're right that the most important early application of "transformative use" was in <i>Campbell</i>, but you might find it interesting to read the law review article that started it all: <a href="http://docs.law.gwu.edu/facweb/claw/LevalFrUStd.htm" rel="nofollow">Pierre N. Leval, <i>Toward a Fair Use Standard</i>, 103 Harv. L. Rev. 1105 (1990)</a>. Leval, as you may know, is a judge on the Second Circuit Court of Appeals.</p> <p>Its roots are in fair use, but I think I'm in general agreement with Solveig that transformativity should be an independent equitable exception to copyright, separate from fair use. It has the tendency to swallow the entire analysis when it's brought in to fair use. That said, courts have still been calling transformativity "fair use" for years, so separating the two could be difficult.</p> So you’re right that the most important early application of “transformative use” was in Campbell, but you might find it interesting to read the law review article that started it all: Pierre N. Leval, Toward a Fair Use Standard, 103 Harv. L. Rev. 1105 (1990). Leval, as you may know, is a judge on the Second Circuit Court of Appeals.

Its roots are in fair use, but I think I’m in general agreement with Solveig that transformativity should be an independent equitable exception to copyright, separate from fair use. It has the tendency to swallow the entire analysis when it’s brought in to fair use. That said, courts have still been calling transformativity “fair use” for years, so separating the two could be difficult.

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