TVEyes Decision Shows Transformative Use Defense Has Limits, CCC Says

The 2nd Circuit U.S. Court of Appeals' February decision against TVEyes (see 1802270025) points to transformative use arguably being best seen as a part of a fair use analysis, rather than the entirety of the analysis, as a lot of courts have ruled in recent years, Copyright Clearance Center research analyst Dave Davis blogged Monday. He said the decision sets limits of a proper transformative use defense and makes clear it can't be used as an excuse for any copyright infringing activity a company engages in.