Transformative use

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Transformative use is a concept in copyright law that refers to a use of a copyrighted work that adds new expression, meaning, or message to the original work, thereby creating a new work. This concept is often considered in the context of fair use analysis, particularly in the United States.

Legal Framework

The doctrine of transformative use is primarily derived from the fair use provision in the Copyright Act of 1976 in the United States. According to 17 U.S.C. § 107, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Criteria for Transformative Use

To determine whether a use is transformative, courts often consider 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. The following factors are typically considered:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• The effect of the use upon the potential market for or value of the copyrighted work.

Notable Cases

Several landmark cases have shaped the understanding of transformative use in copyright law:

• Campbell v. Acuff-Rose Music, Inc. (1994): The United States Supreme Court held that a parody of a song could be considered a transformative use.
• Cariou v. Prince (2013): The Second Circuit Court of Appeals found that the appropriation art of Richard Prince was transformative because it added new expression and meaning to the original photographs by Patrick Cariou.

Implications

Transformative use is a critical concept for various fields, including art, literature, music, and technology. It allows for the creation of new works that build upon existing ones, fostering creativity and innovation. However, it also raises complex legal questions about the boundaries of copyright protection and the rights of original creators.

Related Pages

• Fair use
• Copyright law
• Parody
• Appropriation art
• Derivative work
• Copyright Act of 1976

See Also

• Campbell v. Acuff-Rose Music, Inc.
• Cariou v. Prince
• 17 U.S.C. § 107