Are Courts Tiring of Fair Use?

In contrast with the above, over the past year or so courts — including in the Second Circuit — have begun to move away from this broad application of the fair use doctrine, adhering instead to a stricter view of what is transformative, placing more emphasis on the commercial nature of the infringing work, narrowing how much of a work can be “fairly used,” and focusing on what uses will leave the original work’s primary and secondary markets intact.

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