tag:blogger.com,1999:blog-4513524515428334509.post7414949378498737723..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Fox News Files Motion for Interlocutory Appeal in 9/11 Photo Fair Use CaseMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4513524515428334509.post-87202540536408401652015-03-20T19:16:43.448+00:002015-03-20T19:16:43.448+00:00Some people criticise the narrow prescriptiveness ...Some people criticise the narrow prescriptiveness of the UK's Fair Dealing exceptions, but in this instance, I can see the transformative use doctrine taking Fair Use off in a wholly unhelpful direction. <br />Already the copyright owner's right under §106(2) "to prepare derivative works based upon the copyrighted work" is largely negated by another person's ability to transform that work under the Fair Use doctrine. Similarly, the right of visual artists under VARA (17 USC §106A(a)(3)(A)) "to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right" is equally trumped by an overly broad definition of transformative use, as can been seen from the decision in the Cariou v Prince case.Andy Jnoreply@blogger.com