Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work. Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright's purpose of encouraging creative expression.

What is an example of transformative use?

Transformative uses may include criticizing the quoted work, exposing the character of the original author, proving a fact, or summarizing an idea argued in the original in order to defend or rebut it. They also may include parody, symbolism, aesthetic declarations, and innumerable other uses.

What is the transformative use test?

The Third and Ninth Circuit Courts, as well as the State of California, have adopted the “transformative use test.” Under this test, unauthorized use of an identity is permissible if the use adds significant creative elements and sufficiently transforms the likeness or identity into original expression.