While certainly subjective, I don't agree that it is transformative. Consider the model is for a user to upload the copyrighted lyrics first and then they and/o

While certainly subjective, I don't agree that it is transformative. Consider the model is for a user to upload the copyrighted lyrics first and then they and/or others create annotations on top. Put another way, Rap Genius is essentially inducing users to upload copyrighted lyrics in order to make use of their annotation service. That aside, even the resulting product does not seem to fit the "originality" test: "Revisions, annotations or other cosmetic alterations to the work do not qualify as originality; the work must be unique to the author, using only minor elements of other copyrights. The court generally defines this as 'distinguishable variation' between the two works. In other words, the works must be obviously substantially different for the change to be considered transformative under law." While the annotation layer is certainly unique and distinguishable, the lyrics are not "transformed" into a distinguishable variation, they are left in their original state on their site.