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> That’s not transformative that’s derivative. That term applies and it’s not fair use as derivative Pedantic, but the law is pedantic: fair use works are inhe
by judge2020 4y ago
> That’s not transformative that’s derivative. That term applies and it’s not fair use as derivative
Pedantic, but the law is pedantic: fair use works are inherently derivative of the work they're based off of. Fair use is just an exception to the 'must get permission' requirement of creating a derivative work.
- 6stringmerc 4y agoNo, Fair Use must pass the four factor test, and you are wrong in your interpretation. Go look up the four factor test so you can correct yourself.
- judge2020 4y agoYou're right about: > Fair Use must pass the four factor test but that doesn't make it "not a derivative work". To make a derivative work, you need permission from the copyright holder. However, 17 U.S.C 107 states that " the fair use of a copyrighted work... for purposes such as (purposes)...is not an infringement of copyright". All it does is change what constitutes copyright infringement, it doesn't change the meaning of "derivative work" as defined in 17 U.S.C 101.