Is secondary use a fair use defense?
MultiRegion, United States of America
The following excerpt is from Fox News Network, LLC v. TVEyes, Inc., 883 F.3d 169 (2nd Cir. 2018):
1 Contrary to the majority's suggestion, we are not obliged to reach a definitive decision as to each of the fair use factors in order to decide the fair use issue. Henley v. Devore, 733 F.Supp.2d 1144, 1155 (C.D. Cal. 2010) (assuming but not deciding that secondary use was transformative, but nevertheless rejecting fair use defense).
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