Kelly v. Arriba Soft: The More Things Change...

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Reed Elsevier Inc.
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Reed Elsevier

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Overview: In finding defendant's use of plaintiff's photographs to be "transformative" and consequently fair under federal copyright law, the United States District Court for the Central District of California, followed by the Ninth Circuit Court of Appeals, took a highly questionable doctrine of limited relevance and through rote application extended it into legal territory for which it was never intended and for which it remains ill-suited. Two courts in search of a beacon in Kelly v. Arriba Soft Corp., 77 F. Supp.2d 1116 (1999), 280 F.3d 934 (9th Cir. 2002), were drawn like moths to a flickering legal trend instead.

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Format: HTML | Date: Jun 2003 | Pages: 1

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