Question

The US courts are reviewing a case to see whether a work has been reused fairly. What is an example of something they might consider when trying to decide whether the use was fair? (Site 1)

Answer 1

One example is whether the new use is “transformative” — that is, whether it adds new expression, meaning, or message to the original. For instance, quoting a song or movie clip to create a parody or critical commentary is more likely to be fair use than republishing the same clip unchanged as part of a commercial advertisement.