CSUSA Media Library: Session Details

Session Name: Transformation of Transformative Use
MeetingType: Annual Meeting
Date: 06/09/14
Description: Fair use disputes today often focus on whether the defendant’s use of the plaintiff’s copyrighted work was “transformative.” This panel explores the increasingly prominent role that “transformativeness” has taken on, starting with Campbell v. Acuff-Rose and continuing to more recent cases such as Authors Guild v. Google and Cariou v. Prince. It also examines the extent to which the meaning of “transformative” has itself changed, from an original focus on transformation of the work itself, to today’s emphasis on whether the use is transformative – and whether this change is a good thing. The panel features three practicing attorneys at the center of this debate: Julie Ahrens, Director of Copyright and Fair Use at Stanford Law School’s Center for Internet and Society, Joe Gratz of Durie Tangri, who represents Google in the Authors Guild case, and Liz McNamara of Davis Wright Tremaine, who has recently authored several amicus briefs for copyright owners resisting an overly expansive view of transformativeness.
Program Details
Course Materials
Speaker(s): Joseph Gratz, Liz McNamara
Moderator(s): Julie Ahrens
Keywords: Appropriation Art, Art, Defenses, Fair Use, Infringement, Music, Photography, Sampling