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US Second Circuit underlines importance of justification requirement of fair use

By Nick Robertson ( May 27, 2025, 19:05 GMT | Insight) -- A copier’s stated secondary meaning doesn't constitute justification or transformative use when considering a fair use defense, the US Circuit Court for the Second Circuit ruled. A US Southern District of New York judge dismissed a copyright infringement complaint by a photographer against Amilus based on Section 107 of the Copyright Act, but the circuit court reversed, holding that Amilus’s published statements about the work did not constitute a new meaning for the purposes of establishing transformativeness.Republishing a copyrighted photograph that doesn't communicate a new meaning doesn't constitute justification or transformative use required for establishing fair use, the US Circuit Court for the Second Circuit ruled Friday in a win for copyright holders. The panel reversed a US Southern District of New York decision dismissing photographer Jana Romanova’s copyright infringement suit against website publisher Amilus....

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