Which element is essential for a work to be considered transformative use?

For a work to be considered transformative use, it is essential that it alters the meaning or message of the original. Transformative use is a legal doctrine rooted in copyright law, particularly within the context of fair use. The core idea behind this doctrine is that the new work adds new expression, meaning, or message to the original work, thereby creating a different purpose or character.

When a work transforms the original in a significant way, it encourages creativity and artistic expression without overly infringing on the rights of the original creator. The focus is on how the new work changes the audience's perception or understanding of the original, rather than simply replicating it. This is why the alteration of meaning or message is the defining characteristic of transformative use—it emphasizes the new contribution to culture and expression that the new work makes.

In contrast, aspects like the work being created for commercial purposes, failing to reference the original, or being made by a different creator do not inherently guarantee that the new work is transformative. The primary focus is always on the transformation of meaning and message rather than on the motivations behind the work or the identity of its creator.