This survey of recent U.S. fair use decisions examines the domestic evolution of the doctrine, particularly in light of the significant expansion of noninfringing “transformative” uses. The article also considers the U.S.’ compliance with its international obligations under the Berne Convention and the TRIPs Accord, and inquires whether the substantial enlargement of the application of the U.S. fair use exception exceeds the leeway that the Berne Convention, art. 9(2), WCT art. 10, and TRIPs art. 13 grant to member states to provide for exceptions and limitations to copyright.
Intellectual Property Law | International Law | Law
Center for Law and Economic Studies
Jane C. Ginsburg,
Letter from the U.S.: Exclusive Rights, Exceptions, and Uncertain Compliance with International Norms – Part II (Fair Use),
Revue Internationale du Droit D'Auteur (RIDA), Vol. 242, p. 175, October 2014; Columbia Law & Economics Working Paper No. 503
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1897