What does transformative use mean in copyright law?

Transformative use is a key concept in copyright law that refers to the ability of a secondary work to add new expression, meaning, or message to an original work, thereby altering its original purpose or character. This concept is crucial in determining whether the use of a copyrighted work can qualify as fair use.

When a secondary work transforms the original, it often engages with or critiques the original work in a way that creates something new. This could include modifications that change the audience's perception or understanding of the original piece. For instance, a parody that comments on the original work while using elements of it can be considered transformative because it communicates a different message than that of the original.

This understanding is vital for artists, critics, and scholars as they navigate the complex intersections of creativity and copyright protection, reinforcing the idea that not all uses of copyrighted material constitute infringement, especially when there is a clear transformation of meaning or purpose involved.