Leadership

Transformation In Property And Copyright

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Executive Summary

Copyright law grants ownership rights in "Works of authorship," and copyright disputes frequently require one to distinguish between two different ways in which a "Work of authorship" may be "Transformed". On one side of the line are changes whose end result is termed a ?derivative work, and which are therefore subject to the exclusive rights of the author. On the other side are changes resulting in a "Transformative fair use", which fall outside those rights. It can be very difficult to distinguish between the two with confidence, because the boundary between them is determined by the interplay between two open ended doctrines.

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