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According to that site, the transformative factor pertains to transformation which adds to the original work. Nothing is being said about the original work in t
by DanielStraight 13y ago
According to that site, the transformative factor pertains to transformation which adds to the original work. Nothing is being said about the original work in this case. In fact, the original work is not even being acknowledge as an original work. It is being used simply to invoke the character of which it is fan art. I don't see any way to construe that as "value added to the original by creating new information, new aesthetics, new insights, and understandings" where "the original" is Ms. Smith's fan art image.
- ZeroGravitas 13y agoI assumed it was chosen because it looks like a "cheesecake" (is that the right word?) pinup, not simply to invoke the character.