3 ms·
> Well yeah, copying a work and using it for its original expressive purpose isn’t fair use, no? You have to use it for a transformative purpose. To be clear,
by hn_acker 3y ago
> Well yeah, copying a work and using it for its original expressive purpose isn’t fair use, no? You have to use it for a transformative purpose.
To be clear, whether the use of the original work is transformative is one key consideration within one of the four prongs of fair use. The prong "purpose and character of the use" can be fulfilled by other conditions [1]. For example, using the original work within a classroom for education purposes is not transformative, but can fulfill the same "purpose and character of the use" prong. Whether the use is for profit and to which extent are other considerations within that prong. A profit purpose doesn't automatically fail the purpose prong, and a non-profit purpose doesn't automatically pass the purpose prong.
[1] https://en.wikipedia.org/wiki/Fair_use#1._Purpose_and_character_of_the_use https://en.wikipedia.org/wiki/Fair_use#1._Purpose_and_charac...