Mrs. Grundy writes "Almost every major copyright case in the last twenty years has hinged on whether the accused infringer has used the original work in a transformative way. Transformative use has been especially prevalent in cases where technology creates novel uses of existing work such as Perfect 10 v. Google. But neither the word "transformative" nor the concept of transformative use is found anywhere in the U.S. statute that defines copyright and fair use. Photographer Mark Meyer outlines the legal history of transformative use as a defense for copyright infringement tracking how the idea started from a short journal article and became the law of the land."
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