Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon other Internet content, boasting 4.9 million subscribers on their YouTube channel. Not everyone laughed along though, particularly fellow YouTuber Matt Hosseinzadeh,
fair use
Transformative Use: Danger Is in the Definition
By Stacy K. Marcus on
In April, 2013 the 2nd Circuit concluded that certain works of the well-known appropriation artist, Richard Prince, which used Patrick Cariou’s photographs in a series of collages, constituted fair use. In Kienitz v. Sconnie Nation LLC, U.S. Circuit Judge Frank Easterbrook joins in on criticism that courts, such as in the Cariou case, are placing too much emphasis on the transformative use factor in considering fair use. However, Law360 quotes Reed Smith’s Brad Newberg who zeroes in on a deeper danger for authors’ derivative rights: “The issue with Cariou is not that it gives great weight to a transformative use, but how it defines transformative use.”…
Continue Reading Transformative Use: Danger Is in the Definition