“Paging Dr. Chickering” or Urgent Care for Copyright Fair Use After the TVEyes Trainwreck
[Peter Jaszi] Since February 27, 2018, when a panel of the Second Circuit Court of Appeals handed down a reversal in Fox News Network, LLC v. TVEyes, Inc. (Docket Nos. 15‐3885/86), there has been some speculation about how the decision may signal a “transformation of ‘transformative use’” in fair use jurisprudence. But while the outcome of the decision may or may not be sound, its peculiar method of decision is not. The panel majority’s strong views about the equities skewed its analytic approach – yielding an outlier opinion rather than a reliable precedent.