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Re-defining the 'Transformative Use' of Copyrighted Works: Toward a Fair US Standard in the Digital Environment

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Abstract:

This paper analyzes the tranformative use factor in fair use analysis of copyright law. I argue that the end userˇŻs creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work, as found in the lower court cases after Campbell. The transformative use factor, interpreted and applied in this way, would not only be linguistically and legally correct but also be able to provide important guidance in determining what kind of use should be fair use in different kinds of contexts including the changing information environment stimulated by digital information technology.

Most Common Document Word Stems:

use (255), work (179), transform (149), copyright (107), fair (102), factor (85), court (79), new (74), product (65), market (57), user (52), analysi (46), inform (46), note (44), purpos (44), author (43), digit (40), way (38), public (38), creativ (36), supra (35),

Author's Keywords:

copyright, fair use, digital, transformative use, infringement
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Name: International Communication Association
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http://www.icahdq.org


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MLA Citation:

Woo, Jisuk. "Re-defining the 'Transformative Use' of Copyrighted Works: Toward a Fair US Standard in the Digital Environment" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA, May 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p111971_index.html>

APA Citation:

Woo, J. , 2003-05-27 "Re-defining the 'Transformative Use' of Copyrighted Works: Toward a Fair US Standard in the Digital Environment" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p111971_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper analyzes the tranformative use factor in fair use analysis of copyright law. I argue that the end userˇŻs creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work, as found in the lower court cases after Campbell. The transformative use factor, interpreted and applied in this way, would not only be linguistically and legally correct but also be able to provide important guidance in determining what kind of use should be fair use in different kinds of contexts including the changing information environment stimulated by digital information technology.

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Document Type: .PDF
Page count: 28
Word count: 10803
Text sample:
RE-DEFINING THE “TRANSFORMATIVE USE” OF COPYRIGHTED WORKS: TOWARD A FAIR USE STANDARD IN DIGITAL ENVIRONMENT This paper is submitted to the Communication Law and Policy Division at the International Communication Association for possible presentation at the 2003 Annual Convention. RE-DEFINING THE “TRANSFORMATIVE USE” OF COPYRIGHTED WORKS: TOWARD A FAIR USE STANDARD IN DIGITAL ENVIRONMENT Abstract This paper analyzes the tranformative use factor in fair use analysis of copyright law. I argue that the end user’s creativity in their activities
be considered a fair use. There would be many situations that the user’s use of the work is transformative but at the same time commercial and profitable and thus the initial author’s market is seriously affected. In such a situation the other factors such as market effect and the purpose of use would balance out the fair use analysis. What I suggest in this article is that the question of whether a use is so creative that it enhances


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