Using Copyrighted Material Done For A Limited And Transformative

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According to the Stanford University webpage fair use is “any copying of copyrighted material done for a limited and “transformative” purpose.” “Transformative” in this interpretation refers to the process by which copyrighted works are used in creative or alternative manners in which something new is created or made use of. The nature of how transformative a work is often aids in determining the eligibility for the first of the fair use factors. When determining the legality of copyright issues, Courts often look to four factors which have been laid out as qualifiers and evaluators for fair use in a given dispute. These four factors are not concrete in interpretation and therefore results of given disputes can vary based on the Court…show more content…
For example, in Adjmi v. DLT Entm’t, Ltd (S.D.N.Y. Mar. 31, 2015), protection was awarded under fair use because although the parody of Three’s Company “copies the plot, premise, characters, sets, and certain scenes from Three’s Company, it uses ‘the familiar Three’s Company construct’ as ‘a vehicle to criticize and comment on the original’s light-hearted, sometimes superficial treatment of certain topics and phenomena.” Transformative nature is showed here by the variation in scope under which the Three’s Company parody was presented. The second fair use factor is the nature of the copyrighted work. This holds that work of a factual nature can be used more readily than fictional or created work. The public ought to be provided with pertinent factual information and therefore if a given party has sought protection under the terms of fair use it is crucial to evaluate the factual nature of the copyrighted work. In this understanding a stat sheet about NBA player accomplishments will be more readily accessible and attainable under fair use than an editorial written about the players will be. The factual nature of the stat sheet as opposed to the opinion-based editorial is the crucial distinction here. The third fair use factor is described as the amount and substantiality of the portion
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