From Berger Singerman:

Scholars like Charles Duan of the R Street Institute believe that the concepts in this ruling will resonate far beyond software, as well. As Justice Breyer wrote, copyright’s “exclusive rights can sometimes stand in the way of others exercising their own creative powers…” but now, fair use can be validly asserted beyond the traditional realms of criticism, commentary, news reportage, teaching, scholarship and research – even where the follow-on work is commercial, if the purpose and character of the follow-on use is transformative.


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