Transformative Use's Impact on Entertainment: Murkiness Encouraging or Dismissing Creativity?
Open Access
Author:
Chambers, Christina
Area of Honors:
Journalism
Degree:
Bachelor of Arts
Document Type:
Thesis
Thesis Supervisors:
Robert Dwayne Richards, Thesis Supervisor Steve Manuel, Thesis Honors Advisor
Keywords:
law communications law First Amendment transformative use fair use creative freedom right of publicity entertainment
Abstract:
Examining past copyright precedent and recent judicial opinions, this research analyzes how the blurred lines of the transformative use doctrine both fosters and diminishes freedoms throughout the creative field. When the Court first established the concept of transformative use, which undoubtedly is a critical element in interpreting fair use determinations, the bounds were quite blurred. The doctrine and its application continue to be ambiguous, especially among the lower courts as they develop differing concepts of what it means to be truly “transformative.” This research delves into the ever evolving transformative use — most notably in its application in the right of publicity. It examines the four factors of fair use (the purpose and character of the use, the nature of the copyrighted work, the amount of the portion used, and the effect of the use upon the potential market) in addition to evaluating the influence of past precedent on the current legal climate in the entertainment industry. Finally, it offers suggestions for creators to follow in the future to ensure ownership over their expressive works.
