RLI 285  6 RESEARCH LIBRARY ISSUES: A REPORT FROM ARL, CNI, AND SPARC 2015 2 714 F.3d 694 (2nd Cir. 2013). 3 Id. at 707 (“The district court based its conclusion that Prince’s work is not transformative in large part on Prince’s deposition testimony that he ‘do[es]n’t really have a message,’ that he was not ‘trying to create anything with a new meaning or a new message,’ and that he ‘do[es]n’t have any… interest in [Cariou’s] original intent.’”). 4 Id. at 706. “Where Cariou’s serene and deliberately composed portraits and land-scape photographs depict the natural beauty of Rastafarians and their surrounding environs, Prince’s crude and jarring works, on the other hand, are hectic and provocative.” 5 Id. at 709. The opinion contrasts the low sales figures and moderate price of Cariou’s photo book with the celebrity buyers and higher prices of Prince’s works to show that Prince’s work “appeals to an entirely different sort of collector than Cariou’s.” 6 2014 WL 2219162 (2014). 7 742 F.3d 17, 27 (2014) amended by Swatch Management Group v. Bloomberg LP, 2014 WL 2219162 (2014). 8 2014 WL 2219162 at *9. 9 White v. West Pub. Corp., 2014 WL 3057885 12-civ-1340-JSR (S.D.N.Y. 2014). 10 Id. at *2. 11 Am. Inst. of Physics v. Winstead PC, 3:12-CV-1230-M, 2013 WL 6242843 (N.D. Tex. Dec. 3, 2013) (journal article used in patent process “is transformed from an item of expressive content to evidence of the facts within it”) Am. Inst. of Physics v. Schwegman, Lundberg & Woessner, P.A., CIV. 12-528 RHK/JJK, 2013 WL 4666330 (D. Minn. Aug. 30, 2013), appeal dismissed (Feb. 19, 2014) (finding “there is no reasonable dispute that Schwegman did not use the Articles ‘for the same intrinsic purpose as [the Publishers.]’). 12 American Geophysical Union v. Texaco Inc., 60 F.3d 913 (2d Cir. 1994). 13 Authors Guild, Inc. v. HathiTrust, 755 F.3d 87 (2014). © 2015 Brandon Butler This article is licensed under a Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/. To cite this article: Brandon Butler. “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law.” Research Library Issues: A Report from ARL, CNI, and SPARC, no. 285 (2015): 3–6. http://publications. arl.org/rli285/.
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