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Nov. 6, 2014

After 20 years, has transformative use lost its edge?

The copyright fair use defense has existed for centuries, yet its application continues to mystify and confound even the most experienced jurists and practitioners. By John M. Gatti and Emil Petrossian

John M. Gatti

Partner
Loeb & Loeb

Phone: (310) 312-4000

Email: jgatti@manatt.com

USC Law School; Los Angeles CA

John is co-chair of Manatt's Entertainment & Media Litigation group.

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Emil Petrossian

Partner
Manatt, Phelps & Phillips, LLP

11355 W. Olympic Blvd.
Los Angeles , CA 90064

Email: epetrossian@manatt.com

Emil is a partner in Manatt’s Entertainment & Media Litigation group, based out of Los Angeles.

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By John M. Gatti and Emil Petrossian


Of the myriad rules, principles and standards that compose our legal system, only one doctrine can lay claim to the distinction of having been labeled as "billowing white goo," "naught but a fairy tale," and "so flexible as virtually to defy definition." The copyright fair use defense has existed for centuries, yet its application continues to mystify and confound even the most experienced jurist...

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