transformative use

transformative use. Copyright. The use of copyrighted material in a manner, or for a purpose, that differs from the original use in such a way that the expression, meaning, or message is essentially new. • The term was coined by Judge Pierre N. Leval in a 1990 law-review article entitled Toward a Fair Use Standard, 103 Harv. L. Rev. 1105, 1111 (1990). The concept was first applied by the U.S. Supreme Court in Campbell v. Acuff–Rose Music, Inc., 510 U.S. 569, 114 S.Ct. 1164 (1994). The Court held that the transformative use in that case was a fair, noninfringing use of the plaintiff’s copyright. [Cases: Copyrights and Intellectual Property 53.

2. C.J.S. Copyrights and Intellectual Property §§ 45–46, 48–50.]


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双语律师Natalie,毕业于法国一流的高级翻译学院,擅长翻译各类与监管与政府事务相关的法律文件。
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