New Hampshire
How Campbell v. Acuff-Rose Music, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Copyright.
New Hampshire generally aligns with the federal fair use doctrine established in Campbell v. Acuff-Rose Music, Inc., emphasizing the transformative nature of a work when considering fair use. Courts in New Hampshire have adopted flexible approaches, evaluating purpose and character of use as well as the overall impact on the market for the original work.
In New Hampshire, fair use determinations follow the four-factor test set by federal law, incorporating the transformative use principle from Campbell.
The court ruled that the parody of a copyrighted work could qualify as fair use by applying the transformative nature test.
Fair use was not applicable here as the use was not considered transformative nor for the purpose of commentary, diverging from Campbell’s emphasis.
The court acknowledged that educational purposes may sometimes lead to a finding of fair use, stressing a case-by-case analysis.
New Hampshire's application of fair use closely mirrors the federal standard from Campbell, focusing on the transformative nature of the use. However, state courts may incorporate regional considerations that affect the balancing of the four fair use factors in different ways than federal courts.
Candidates should be familiar with how the transformative use standard applies in copyright cases, especially when discussing the fair use doctrine in relation to the principles established in Campbell v. Acuff-Rose Music, Inc.