Judges use the four factor test. But all four factors get weight, not just one. See: http://fairuse.stanford.edu/overview/fair-use/four-factors/ http://fairu

Judges use the four factor test. But all four factors get weight, not just one. See: http://fairuse.stanford.edu/overview/fair-use/four-factors/ http://fairuse.stanford.edu/overview/fair-use/four-factors/ The factor you claim is not relevant is factor #4 on that list. This work is also transformative, as it's a new kind of work rather than a verbatim copy, though the extent to which it is transformative might be debatable. This is considered one of the most important factors, as well. You are correct that copying the entire work weighs heavily against (but, importantly, does not preclude) a finding of fair use, but it's not clear that it actually copies the entire movie. After all, it may cover the entire plot, but it simply does not cover the entire content. You cannot simply stitch the frames together and get the original, you'd get a slide show instead of a movie. That aside, I'm not convinced that this would be a slam dunk for either side in court.