"Creators, beware: just because it's online doesn't mean it's fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law-fair use. In this episode, they cover: What makes a use "transformative"? Why credit alone doesn't protect you How recent court rulings (Warhol v. Goldsmith) are changing the game Tips to stay on the right side of the law"
"In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law-fair use. In this episode, they cover: What makes a use "transformative"? Why credit alone doesn't protect you How recent court rulings (Warhol v. Goldsmith) are changing the game Tips to stay on the right side of the law Watch this episode on YouTube or listen to this podcast episode here."
Fair use is a nuanced area of copyright law that hinges on multiple factors. A use is transformative when it adds new expression, meaning, or message distinct from the original. Providing credit to the original creator does not by itself make a use lawful. Recent court decisions, including Warhol v. Goldsmith, are influencing how courts evaluate transformative factors and market effects. Creators should assess purpose, nature, amount, and market impact when evaluating fair use. Practical precautions include seeking permission, altering works to add new meaning, limiting copied portions, and obtaining legal advice for uncertain cases.
Read at The IP Law Blog
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