It’s been nearly 25 years since Judge Pierre Leval introduced the concept of
transformative use within the first factor of the United States Copyright Law’s
fair use analysis. Recent cases have challenged what constitutes a
transformative use and whether a transformative use should even be part of the
Join Glenn Pudelka and Kelly Donahue, both from the
Boston office of Locke Lord, in a discussion of recent fair use cases and the
status of transformativeness in the fair use analysis.