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The Supreme Court's Case in the US Copyright Act
The US Copyright Act includes a fair youth statute. It's a defence to infringement and allows work on the copyright to be used for purposes including reporting, criticism and art if certain criteria are met. The Supreme Court needs to come up with a test that is going to really serve two purposes. First, it's going to need to remain true to the purposes of the Copyright Act which are to provide an incentive for artists to create. And it's also going to needto leave breathing room for free use of underlying works for certain purposes that really create new meaning and new expression for a different purpose.