What is the role of a federal district judge in reviewing claims of transformative use?
MultiRegion, United States of America
The following excerpt is from Elvis Presley Enterprises, Inc. v. Passport Video, 357 F.3d 896 (9th Cir. 2004):
The district judge's job in reviewing uses claimed to be transformative is particularly important as the fair use doctrine is intended to preserve the values enshrined in the First Amendment. See Eldred v. Ashcroft, 537 U.S. 186, 219-20, 123 S.Ct. 769, 154 L.Ed.2d 683 (2003). When the trial court simply accepts the defendant's assertions, the constitutional values are ignored.
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