Roman Swoopes spoke to Wolters Kluwer about the recent Morrison Foerster webinar "Defining Copyright Fair Use: Recent Key Decisions and Looking Forward," which examined the prospects for the Supreme Court's latest foray into fair use law as well as the basics and background of the doctrine.

"The fact that the Supreme Court recently considered the nuances of fair use in Google v. Oracle raises the questions of what unresolved issues the Court hopes to address in the Warhol case," Roman said. "The Court could clarify how 'transformativeness' fits in with other fair use factors, such as commercial use and the potential for market harm. The Court may also address who is best positioned to decide whether a work is transformative- a judge, a jury, or someone else."

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