The following excerpt is from Brown v. Netflix, Inc., No. 20-2007 (2nd Cir. 2021):
On de novo review, we agree with the district court's conclusion of fair use. Our evaluation of the first factor "may be guided by the examples given in the preamble to 107, looking to whether the use is for criticism, or comment, or news reporting, and the like." Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 578-79 (1994). The "central purpose" of this task is to determine "whether the new work merely supersedes the objects of the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether
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