Transformative use

Definition and stakes

Barrington Daniels Parker,  Authors Guild v. HathiTrust (2014)

“ Contrary to what the district court implied, a use does not become transformative by making an “invaluable contribution to the progress of science and cultivation of the arts.” HathiTrust, 902 F.Supp.2d at 464. Added value or utility is not the test: a transformative work is one that serves a new and different function from the original work and is not a substitute for it. ”
Source: Wikisource

Portrait of Victor Marrero Victor Marrero,  International Code Council v. UpCodes (2020)

“ Though it is not strictly necessary for a fair use to be transformative, “the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.” Campbell, 510 U.S. at 579. Similarly, where a work is not transformative, the commercial nature of an allegedly infringing use takes on greater significance. ”
Source: Wikisource

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