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For nearly two decades, the transformative use test
has been a staple of fair use analysis, and particularly in the
Second Circuit. The Copyright Act, however, uses the word transformative not in the section on fair use but in
defining derivative works. The distinction is critical: fair
use is a complete defense to infringement, while creation of an
unauthorized derivative work is itself infringement. Courts,
practitioners, and creators alike have struggled to draw the line:
when is a transformative use an infringing derivative work versus
Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All Tuesday, April 6, 2021
For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works. The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is itself infringement. Courts, practitioners, and creators alike have struggled to draw the line: when is a transformative use an infringing derivative work versus fair use?
A disgraced doctor who secretly recorded strangers, colleagues and even family friends using toilets is facing being struck-off the medical register following disciplinary proceedings this week.
Sex creep Mark McClure (52) has only recently been freed from prison having served half of a nine-month sentence behind bars after he admitted 11 counts of voyeurism.
A hearing before the Medical Practitioners Tribunal Service (MPTS) began against McClure in Manchester on Monday and is scheduled to run until this Wednesday.
The tribunal is expected to deliver its findings and sanctions within 28 days of the hearing.
McClure, a radiologist, is formerly from Hillsborough but more recently has had an address in Bangor West, Co Down.
A disgraced doctor who secretly recorded strangers, colleagues and even family friends using toilets is facing being struck-off the medical register following disciplinary proceedings this week.
Sex creep Mark McClure (52) has only recently been freed from prison having served half of a nine-month sentence behind bars after he admitted 11 counts of voyeurism.
A hearing before the Medical Practitioners Tribunal Service (MPTS) began against McClure in Manchester on Monday and is scheduled to run until this Wednesday.
The tribunal is expected to deliver its findings and sanctions within 28 days of the hearing.
McClure, a radiologist, is formerly from Hillsborough but more recently has had an address in Bangor West, Co Down.