By Jim Burger (August 4, 2017, 11:30 AM EDT) -- Since the U.S. Supreme Court's 1994 Campbell v. Acuff-Rose Music landmark decision, courts have expanded fair use protection. While not a license to take liberally from another work, the fair use test has often tilted in favor of the parodic or transformative second work.
The Southern District of New York is now considering a case that centers on a play that presents a wicked spin on a classic childhood storybook. The case may test the boundaries of what is parody, what is transformative, and how much taking is "fair."
In the popular Dr. Seuss' children's book, "How the Grinch...
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