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All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners

Socially Aware Blog

05 Mar 2018

When is unauthorized use of copyrighted material appropriate?

J. Alexander Lawrence and John Delaney provide insight into this complicated question through an examination of recent court decisions that utilize the fair use doctrine – a four-part test that determines whether or not unauthorized use is justifiable. The attorneys offer a comparison of several Second Circuit decisions related to fair use that show how the court’s conclusions often differ, but typically depend on whether or not re-purposed content has an effect “upon the potential market value of a copyrighted work”. The court’s conflicting rulings likely indicate more high-stakes litigation in the future, particularly in regards to the digital space.

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