Fair use, transformative use and the First Amendment


Fair use, transformative use and the First Amendment



Professor Leaffer's contribution to this volume is titled, "Fair use, transformative use and the First Amendment."



Publication Date



Wolters Kluwer


Intellectual Property, Human Rights, Copyright


Human Rights Law | Intellectual Property Law | Law


Torremans, Paul L. C. Intellectual Property Law and Human Rights. Wolters Kluwer, 2020.

Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today's global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice - with nine completely new chapters - well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment.

The contributors address such topics as the following and more:

  • the status of copyright as a fundamental right
  • fair use, transformative use, and the US First Amendment
  • intellectual property in the jurisprudence of the European Court of Human Rights
  • freedom to receive and impart information under the EU Charter of Fundamental Rights
  • how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression
  • fair dealing defences
  • algorithmic copyright enforcement and free speech
  • developing a right to privacy for corporations
  • expanding the role of morality and public policy in European patent law
  • ethical and religious concerns over patenting biotechnological invention

As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

Complete bibliographic details available HERE

Copies available in the Jerome Hall Law Library, K 1401 .C67 2020

Fair use, transformative use and the First Amendment