The concept of transformative use involves using copyrighted material in a way that differs from its original use, resulting in the creation of something new. This idea was initially discussed by a judge in 1990 and was later upheld by the U.S. Supreme Court in 1994, establishing that transformative use is permissible and does not violate copyright law.
Transformative use is the utilization of copyrighted material in a manner that deviates from its original purpose, resulting in a fresh expression, significance, or message. This term was initially introduced by Judge Pierre N. Leval in a 1990 law-review article titled “Toward a Fair Use Standard.” The idea was subsequently adopted by the U.S. Supreme Court in the 1994 case of Campbell v. Acuff–Rose Music, Inc. An instance of transformative use could be seen in a parody of a copyrighted song or film, as it generates a novel message or meaning from the original creation. Another example involves incorporating a copyrighted image into a collage or artwork, thereby producing a new form of expression or message. These illustrations demonstrate how transformative use can be a just and non-infringing utilization of copyrighted material, as it generates something distinct and innovative from the original work.
Transformative use refers to the modification or adaptation of an original work in a way that adds new expression, meaning, or message. It is a key factor in determining whether the use of copyrighted material qualifies as fair use.
Transformative use is one of the four factors considered in determining fair use under copyright law. If a new work significantly transforms the original material, it is more likely to be considered fair use.
While transformative use can be a defence to copyright infringement, it does not automatically grant permission to use copyrighted material without authorization. Fair use is a case-by-case analysis, and it is advisable to seek legal advice before using copyrighted material for transformative purposes.
Examples of transformative use include parody, criticism, commentary, and creating new works that significantly alter the original material’s purpose or meaning. For instance, a satirical painting based on a famous photograph or a remix of a song with new lyrics can be considered transformative.
Courts consider various factors to determine if a use is transformative, such as whether the new work adds new expression, meaning, or message, whether it supersedes the original work’s market, and whether it serves a different purpose or audience.
Yes, transformative use can be used as a defence against a copyright infringement claim if the use meets the criteria for fair use. However, it is important to note that fair use is a complex legal doctrine, and each case is evaluated on its own merits.
There is no specific percentage or formula to determine the required level of transformation. Courts evaluate the overall impact and purpose of the new work to determine if it is transformative enough to qualify as fair use.
Transformative use can potentially be applied to all types of copyrighted material, including text, images, music, videos, and more. However, the specific circumstances and purpose of the use will determine whether it qualifies as fair use.
Monetizing a work that is considered transformative use does not automatically make it non-infringing. While transformative use can be a factor in favor of fair use, other factors, such as the nature of the copyrighted work and the amount used, also play a role in determining fair use.
The concept of transformative use is primarily rooted in U.S. copyright law. Other countries may have their own legal doctrines that address similar concepts, such as fair dealing. It is important to consult the copyright laws of the specific jurisdiction in question to determine the applicability of transformative use.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/transformative-use/
- Modern Language Association (MLA):Transformative Use. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/transformative-use/.
- Chicago Manual of Style (CMS):Transformative Use. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/transformative-use/ (accessed: May 09 2024).
- American Psychological Association (APA):Transformative Use. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/transformative-use/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts