Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 Courts have stressed also the importance of the first factor, the 'purpose and character of the secondary use.' The more the appropriator is using the copied material for new, transformative purposes, the more it serves copyright's goal of enriching public knowledge and the less likely it is that the appropriation will serve as a substitute for the original or its plausible derivatives, shrinking the protected market opportunities of the copyrighted work. 510 U.S. at 591 (noting that, when the secondary use is transformative, 'market substitution is at least less certain, and market harm may not be so readily inferred.').

Campbell's explanation of the first factor's inquiry into the 'purpose and character' of the secondary use focuses on whether the new work, 'in Justice Story's words, . . . merely 'supersede[s] the objects' of the original creation, . . . or instead adds something new, with a further purpose . . . . [I]t asks, in other words, whether and to what extent the new work is 'transformative.'' 510 U.S. at 578-579 (citations omitted). While recognizing that a transformative use is 'not absolutely necessary for a finding of fair use,' the opinion further explains ...

Register or login to access full content