Second Circuit Clarifies Transformativeness Standard for Copyright Fair Use | Practical Law
In Cariou v. Prince, the US Court of Appeals for the Second Circuit held that the district court imposed an incorrect legal standard when it concluded that for a secondary work to qualify as a fair use, it must comment on the original artist, the original works or popular culture. The Second Circuit reversed the district court's grant of summary judgment to the plaintiff, and held that as a matter of law 25 of the defendant's works were protected as a fair use and remanded to the district court to determine whether five other works are entitled to a fair use defense.