A use is transformative where it serves a different purpose than the original rather than merely superseding it. Warhol emphasized that the inquiry focuses on purpose and justification rather than aesthetic change alone.
Commercial substitution weighs against the finding.
Alternative Names:
Transformative Purpose|Transformativeness
Why it Matters?
Purpose rather than alteration is now the focus, which means visually or textually modifying a work does not establish transformativeness where the modified version serves the same commercial function as the original, and licensing market substitution is the central question. Uses serving genuinely different functions including search indexing, criticism, and interoperability remain protected under Google v. Oracle and earlier authority.
Frequently Confused with
Related terms
Frequently asked questions
What is the focus after Warhol?
Which uses remain protected?
