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Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case

In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.

7 minute read October 01, 2022 at 12:05 AM
By
Eric Alan Stone and Catherine Nyarady
Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case

In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." 

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