Legal Definitions - transformative use

Definition: Transformative use refers to the use of copyrighted material in a way that is different from the original use, resulting in a new expression, meaning, or message.

This term was first coined by Judge Pierre N. Leval in a 1990 law-review article entitled "Toward a Fair Use Standard." The concept was later applied by the U.S. Supreme Court in the case of Campbell v. Acuff–Rose Music, Inc. in 1994.

For example, a parody of a copyrighted song or movie can be considered transformative use because it creates a new message or meaning from the original work. Another example is using a copyrighted image in a collage or artwork that creates a new expression or message.

These examples illustrate how transformative use can be a fair and noninfringing use of copyrighted material because it creates something new and different from the original work.