英文摘要 |
Since the Supreme Court of the United States introduced the element of ''transformativeness'' in the 1994 case Campbell v. Acuff-Rose Music into the fair use doctrine under U.S. Copyright Law, the finding of transformativeness is almost equal to the finding of fair use. However, transformative elements were not included in the statutory factors of fair use doctrine under the section 107 of the US Copyright Law, and the U.S. federal courts have interpreted the meaning of ''transformation'' respectively, which divided interpretations results in no certainty of which kind of secondary use could constitute as ''transformative use.'' Yet, in the past two years, the relevant copyright infringement cases indicated different trends, and rather than focus on the transformative elements under the first factor of the fair use doctrine, these courts were more willing to consider all four statutory factors of the fair use doctrine, especially the fourth factor - ''The single most important element of fair use.'' Furthermore, the US Supreme Court recently grants certriori to review Google LLC v. Oracle America, in which the Court would address: 1.Whether the copyright protection extends to a software interface; 2. Whether, as the jury found, petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use. As to the second issue, the Court inevitably has to interpret the context and scope of transformative use, and its relationship with other factors of the fair use doctrine, which would lead to solve the dilemma of ''transformativeness'' under U.S. Copyright Law. |