Transformative

A term used in the US fair use defence to copyright infringement. Transformative usually means the creator of the new work has added something new, changing the purpose or character of the original work, and that the new work does not act as a substitute for the original work – it would not for example typically include mere editing. Transformation and the degree of transformation can contribute to a fair use defence, but is not necessarily, on its own, determinative. The terms transformative or transformation appears no where in §107 of the Copyright Act or the notes to that code section.

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