You'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 permissio

You'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.