(Page 2 of 28) - Re-defining the 'Transformative Use' of Copyrighted Works: Toward a Fair US Standard in the Digital Environment authored by Woo, Jisuk.

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

Unformatted Document Text: Y 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 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.

Authors: Woo, Jisuk.

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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 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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