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Those two pictures are not out of context. They are from the case that Baio cited himself. On Baio's blog (http://waxy.org/2011/06/kind_of_screwed/) he cites an "influential paper on fair use" as his reasoning and authority for his own fair use argument.

These pictures show what the paper writer is actually using as the "transformativeness" example. Baio never bothered to dig into the writer's citations to figure out the details. Trying to claim his own work is similar to the Blanch v. Koons case is a mistake. They aren't alike at all.



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