2nd Circ.'s Latest Guidance On 'Transformative' Fair Use

Law360, New York (January 25, 2017, 4:52 PM EST) -- Jordan D. Grotzinger

Rebekah S. Guyon In TCA Television Corp. v. McCollum, 839 F.3d 168 (2d Cir. 2016), the Second Circuit provided guidance regarding how courts should analyze "transformativeness" under the fair use doctrine. The court held that a near-verbatim recitation of Abbott and Costello's comedy routine "Who's on First?" in a play was not fair use. Past cases, including from the Second Circuit, had suggested that a use of an unaltered work incorporated into a larger work could be transformative so long as the use changed the meaning or expression of the larger work as a whole. The court's apparent...

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