What is the "transformative" factor in determining whether a new work has been added to the original work?
MultiRegion, United States of America
The following excerpt is from A&M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001):
This factor focuses on whether the new work merely replaces the object of the original creation or instead adds a further purpose or different character. In other words, this factor asks "whether and to what extent the new work is 'transformative.'" See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 579 (1994).
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