Samuel A. Lewis, a member of Cozen O’Connor’s Intellectual Property Litigation group, discusses the potential pitfalls of the fair use concept. Sam explains that, “It can be difficult at times to overcome the wide variety of misconceptions and misunderstandings that exist regarding fair use …. More recently, the concept of fair use as it relates to photography has broadened.” According to the U.S. Supreme Court, determining whether a use is a fair use calls for case-by-case analysis. Furthermore, Sam says that the “concept of transformation” has become an established part of determining fair use and the “subjective nature of the concept of transformation” is likely to complicate fair use cases.
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