8a4c4d63_Soviet_Union___Mincov_Law_Blog__My_Comments
[Page] 212 [Quote from Patry’s book] Quoting Judge Leval: “ Fair use should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright monopoly. To the contrary, it is a necessary part of the overall design.” [My Comments] 
Fair use is indeed a necessary part of the overall design, but only as a limited departure from the grand conception of the copyright monopoly. This is why it’s about exceptions from the general rule that no one should use protected works without permission. There is nothing wrong with fair use as long as it is limited to cases when the use is indeed fair. And no, this does not include any unauthorized use just because it is transformative.
How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog
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