Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix

This past Friday, the Ninth Circuit handed down its opinion in Dr. Seuss v. ComicMix, a closely watched transformative fair use case. The decision marks an important milestone in the development of the fair use doctrine, especially as applied to mash-ups—where two or more preexisting works are blended together to create a new work. However, … Continue reading “Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix

Second Circuit Brings Some Sanity Back to Transformative Fair Use

The Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week holding that a play’s inclusion of Abbott and Costello’s famous “Who’s on First?” routine was not transformative fair use. Given how expansive transformativeness has become lately, especially in the Second Circuit, the opinion is somewhat surprising. What’s more, it’s not … Continue reading “Second Circuit Brings Some Sanity Back to Transformative Fair Use”