X-Nico

unusual facts about Transformativeness


Transformativeness

On February 25, 2010, the United States Court of Appeals for the Federal Circuit ruled 2-1 that sculptor Frank Gaylord, sculptor of a portion of the Korean War Veterans Memorial, was entitled to compensation when an image of the memorial was used on a 37 cent postage stamp, because he had not signed away his intellectual property rights to the sculpture when it was erected.


Perfect 10, Inc. v. Amazon.com, Inc.

, 508 F.3d 1146 (9th Cir. 2007) was a case in the United States Court of Appeals for the Ninth Circuit involving Perfect 10, Inc., Amazon.com, Inc. and Google, Inc. The court held that Google's framing and hyperlinking as part of an image search engine constituted a fair use of Perfect 10's images because the use was highly transformative, overturning most of the district court's decision.


see also