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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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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.


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