Transformative use

Article summary

and can constitute copyright infringement. Image 3 only uses the original work as a reference to build from, creating a distinctly original image with a unique depiction and artstyle different from the original. In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable. Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability. In United States patent law, the term also refers to a completely unrelated test, that deals with patent eligibility rather than with patent infringement.…

Key claims

No claims recorded.

Discussion questions

1. Summarise the article in your own words. Which single claim would you verify first, and why?
2. Which claim in this article is most likely to be revised as the sources update? How would you check its current status?
3. If two sources disagreed about one of these facts, what would you need in order to trust one over the other?

Bibliography

No sources recorded.