Meta tags:

Headings (most frequently used words):

derivative, work, of, requirement, works, contents, definition, significance, history, and, social, context, application, copyright, liability, the, fair, use, defense, in, cases, see, also, references, bibliography, external, links, berne, united, states, european, union, canada, originality, lawful, fixation, mere, preparation, transformativeness, examples, under, law,

Text of the page (most frequently used words):
the (563), work (177), and (149), #derivative (135), copyright (120), that (100), works (81), use (74), court (56), from (53), for (48), not (45), original (44), this (40), was (39), law (38), fair (37), new (34), other (33), which (32), case (29), inc (28), such (27), with (26), edit (24), its (24), may (22), public (22), archived (21), art (20), transformative (20), article (19), has (19), see (19), cases (19), act (18), infringement (17), wayback (16), music (16), machine (16), based (16), search (15), artistic (15), parody (15), material (15), transformativeness (15), but (15), had (15), into (15), are (15), protection (15), any (15), because (15), page (14), pop (14), their (14), they (14), google (14), must (14), different (13), retrieved (13), internet (13), what (13), sega (13), snyder (13), one (13), copyrighted (13), author (12), found (12), video (12), com (12), first (12), more (12), example (12), were (12), protected (12), without (12), have (12), arriba (12), code (11), second (11), literary (11), game (11), 2008 (11), supreme (11), campbell (11), right (11), held (11), requirement (11), under (10), non (10), articles (10), information (10), originality (10), musical (10), does (10), cir (10), there (10), states (10), however (10), interests (10), circuit (10), defense (10), french (9), related (9), august (9), liability (9), reproduction (9), needed (9), november (9), did (9), united (9), also (9), them (9), can (9), than (9), nintendo (9), only (9), been (9), these (9), wikipedia (8), september (8), source (8), citation (8), duchamp (8), rights (8), office (8), thus (8), earlier (8), section (8), perfect (8), batlin (8), said (8), whether (8), translations (8), adaptations (8), form (8), could (8), provides (8), web (8), some (8), used (8), although (8), owner (8), archive (7), links (7), version (7), accolade (7), 2020 (7), creation (7), where (7), social (7), examples (7), another (7), definition (7), preparation (7), image (7), commercial (7), engine (7), preexisting (7), toggle (6), creative (6), 2013 (6), 2025 (6), fan (6), games (6), when (6), extent (6), advertising (6), courts (6), issue (6), chapman (6), how (6), analysis (6), canada (6), berne (6), galoob (6), copies (6), access (6), provide (6), amazon (6), least (6), soft (6), copyrightable (6), episodes (6), domain (6), purposes (6), infringing (6), underlying (6), thumbnails (6), ninth (6), benefit (6), kelly (6), computer (6), his (6), banks (6), dramatic (6), contents (5), view (5), conduct (5), legal (5), about (5), available (5), commons (5), license (5), language (5), all (5), march (5), 2018 (5), december (5), org (5), intellectual (5), property (5), history (5), fiction (5), arts (5), object (5), after (5), film (5), mona (5), lisa (5), marcel (5), recording (5), context (5), highly (5), subject (5), purpose (5), expression (5), acuff (5), rose (5), quoted (5), motion (5), http (5), both (5), yet (5), plaintiff (5), defendant (5), protects (5), make (5), hand (5), european (5), toys (5), might (5), arrangements (5), created (5), major (5), against (5), over (5), previously (5), price (5), uses (5), elements (5), still (5), key (5), unauthorized (5), infringe (5), pretty (5), woman (5), create (5), display (5), images (5), opinion (5), value (5), significance (5), though (5), exclusive (5), cards (5), disney (5), toy (5), tomy (5), term (5), additional (4), you (4), last (4), unsourced (4), statements (4), references (4), concepts (4), literature (4), character (4), standard (4), forms (4), plagiarism (4), figures (4), sound (4), 2002 (4), books (4), library (4), out (4), between (4), discussion (4), durham (4), cbs (4), entertainment (4), june (4), docs (4), gwu (4), edu (4), shown (4), called (4), decision (4), picture (4), 2009 (4), note (4), nature (4), long (4), enough (4), 9th (4), leval (4), review (4), minaj (4), song (4), 1976 (4), lee (4), same (4), decisions (4), curia (4), book (4), convention (4), 106 (4), types (4), elaborations (4), substantial (4), aspects (4), who (4), time (4), concept (4), technology (4), provided (4), interest (4), present (4), expressive (4), itself (4), third (4), two (4), defendants (4), similar (4), light (4), since (4), balance (4), appearance (4), party (4), making (4), treatment (4), explained (4), will (4), matter (4), main (4), consoles (4), way (4), then (4), product (4), copying (4), sale (4), would (4), even (4), application (4), within (4), own (4), fixation (4), authorization (4), lawful (4), bank (4), otherwise (4), hide (4), move (4), sidebar (4), subsection (4), february (3), short (3), description (3), title (3), culture (3), society (3), cultural (3), appropriation (3), 1919 (3), genre (3), aesthetic (3), mashup (3), theatre (3), adaptation (3), translation (3), general (3), collage (3), david (3), visual (3), variation (3), 2014 (3), hosted (3), 2023 (3), suit (3), april (3), equation (3), beneficial (3), question (3), adds (3), 1994 (3), international (3), castle (3), rock (3), 2007 (3), moustache (3), rather (3), cult (3), great (3), supp (3), 2003 (3), district (3), 1992 (3), genie (3), versus (3), maraj (3), order (3), doctrine (3), industry (3), nicki (3), tracy (3), october (3), press (3), 1989 (3), anderson (3), stallone (3), house (3), chapter (3), son (3), contract (3), practice (3), include (3), composite (3), paragraph (3), œuvre (3), transformation (3), additions (3), constitute (3), prejudice (3), alterations (3), shall (3), countries (3), fact (3), during (3), national (3), emergency (3), number (3), publishers (3), permission (3), above (3), annotations (3), annotation (3), small (3), half (3), adversely (3), balancing (3), independently (3), show (3), considered (3), amount (3), content (3), important (3), parodic (3), little (3), recognized (3), finding (3), permit (3), company (3), allegedly (3), particularly (3), creating (3), claimed (3), significant (3), serves (3), function (3), made (3), claim (3), while (3), superseding (3), developed (3), extended (3), very (3), decided (3), copy (3), began (3), wrote (3), alleged (3), owners (3), cannot (3), addressed (3), published (3), denied (3), common (3), statutory (3), mere (3), prepare (3), statute (3), permanent (3), deny (3), sufficient (3), protectable (3), ownership (3), liable (3), independent (3), uncle (3), sam (3), import (3), century (3), latter (3), pre (3), represent (3), circumstances (3), reproduce (3), upon (3), union (3), changes (3), tools (3), languages (2), table (2), contacts (2), contact (2), privacy (2), policy (2), text (2), terms (2), apply (2), trademark (2), wikimedia (2), attribution (2), categories (2), template (2), january (2), 2016 (2), sources (2), lacking (2), reliable (2), limited (2), scope (2), 2021 (2), wikidata (2), remix (2), meme (2), sociology (2), pictures (2), 2010 (2), pierre (2), story (2), labor (2), inspiration (2), criticism (2), anti (2), assemblage (2), quotation (2), pastiche (2), allusion (2), bootleg (2), modding (2), joke (2), format (2), shot (2), remake (2), cut (2), series (2), television (2), michelangelo (2), trope (2), poetry (2), track (2), sampling (2), richard (2), stern (2), link (2), removed (2), july (2), compilations (2), external (2), bellefonds (2), paris (2), droits (2), auteur (2), bibliography (2), like (2), taken (2), chaucer (2), consumers (2), functionality (2), promotional (2), business (2), arguing (2), discussed (2), further (2), altering (2), message (2), words (2), operations (2), reel (2), funds (2), 1998 (2), leonardo (2), goatee (2), become (2), bourgeois (2), religion (2), pub (2), benjamin (2), succeeded (2), traditional (2), aura (2), world (2), cited (2), preceding (2), fixed (2), appeals (2), whenu (2), 336 (2), users (2), pdf (2), partial (2), summary (2), judgment (2), dkt (2), granting (2), university (2), release (2), innovation (2), creativity (2), deemed (2), micro (2), star (2), formgen (2), via (2), revision (2), report (2), 1959 (2), 7th (2), samuelson (2), pamela (2), enrichment (2), 103 (2), 2015 (2), dictum (2), comparison (2), coolcopyright (2), 536 (2), www (2), altlaw (2), 630 (2), 905 (2), 2012 (2), journal (2), 978 (2), isbn (2), 2011 (2), issn (2), doi (2), through (2), towards (2), amsterdam (2), free (2), 1991 (2), perspectives (2), standing (2), shoulders (2), giants (2), patent (2), our (2), théberge (2), galerie (2), petit (2), champlain (2), europa (2), documents (2), est (2), oeuvre (2), une (2), collaboration (2), propriété (2), intellectuelle (2), 113 (2), dérivée (2), 112 (2), well (2), versions (2), revisions (2), scientific (2), modifications (2), variations (2), primary (2), incorporated (2), heritage (2), better (2), service (2), authorship (2), scans (2), filed (2), ruled (2), favor (2), infringed (2), expansive (2), receive (2), manner (2), recent (2), 101 (2), existed (2), illustration (2), difficult (2), word (2), ups (2), impair (2), pages (2), affects (2), investment (2), maintenance (2), shakespeare (2), numerous (2), being (2), copied (2), romeo (2), juliet (2), side (2), lawsuit (2), accordingly (2), argued (2), those (2), selling (2), prepared (2), criticizing (2), most (2), adding (2), among (2), things (2), few (2), seemingly (2), insubstantial (2), bourgeoisie (2), part (2), icon (2), giving (2), attention (2), stake (2), appeared (2), negligible (2), serious (2), done (2), reason (2), challenged (2), issues (2), litigation (2), argue (2), plaintiffs (2), integrity (2), involving (2), legitimate (2), outweighed (2), factors (2), means (2), thumbnail (2), instance (2), described (2), data (2), points (2), harm (2), market (2), improving (2), strongly (2), user (2), process (2), namely (2), reference (2), weigh (2), promotes (2), mindful (2), conclude (2), relation (2), recently (2), secondary (2), primarily (2), transformed (2), type (2), protect (2), emphasis (2), judge (2), importance (2), current (2), gain (2), excused (2), each (2), plastic (2), cartridges (2), hardware (2), platform (2), differed (2), cartridge (2), system (2), sought (2), lock (2), download (2), human (2), legally (2), entitled (2), disassembly (2), functional (2), embodied (2), program (2), seeking (2), infringer (2), unpublished (2), prior (2), before (2), rocky (2), level (2), satisfy (2), qualify (2), concrete (2), much (2), performance (2), nothing (2), modification (2), too (2), distribution (2), differ (2), holder (2), away (2), control (2), item (2), separate (2), person (2), resell (2), ceramic (2), sometimes (2), licensee (2), affixed (2), tiles (2), sold (2), reproduced (2), sue (2), creator (2), extend (2), circular (2), enjoy (2), licensees (2), contributed (2), mickey (2), donald (2), pluto (2), clear (2), copyrightability (2), adapted (2), coin (2), put (2), 19th (2), allow (2), injunction (2), appeal (2), three (2), feist (2), contain (2), existing (2), production (2), incorporates (2), novel (2), convert (2), includes (2), following (2), contractual (2), acts (2), chest (2), radiograph (2), authors (2), learn (2), talk (2), upload (2), file (2), read (2), english (2), bahasa (2), log (2), account (2), donate (2), menu (2), add, topic, mobile, cookie, statement, statistics, developers, safety, disclaimers, using, site, agree, registered, profit, organization, foundation, sharealike, rendered, parsoid, edited, 2026, utc, hidden, deprecated, containing, 2022, webarchive, dmy, dates, geographic, https, index, php, derivative_work, oldid, 1372562008, recontextualisation, pirate, politics, participatory, open, printing, articulation, academic, dishonesty, russian, formalism, postmodernism, generation, palimpsests, degree, nachahmung, mimesis, dionysian, imitatio, diegesis, copia, rerum, dada, theorization, reality, hunger, manifesto, 1939, menard, quixote, epoch, marking, structure, stock, plot, device, jazz, formula, archetype, blocks, western, canon, simulacrum, studies, muses, genius, afflatus, divine, death, archetypal, interpretation, satire, reprise, imitation, homage, détournement, bricolage, calque, intertextual, revivalism, architecture, advertisement, theft, youtube, poop, vidding, supercut, trailer, literal, footage, anime, abridged, cinema, statue, liberty, pietà, swipe, readymades, photographic, mosaic, combine, painting, verbatim, jukebox, flarf, technique, vaporwave, tribute, riddim, quodlibet, potpourri, plunderphonics, pasticcio, nightcore, medley, interpolation, mix, cover, contrafactum, list, contrafact, chopped, screwed, field, sarah, ovenall, funnystrange, spatt, artslaw, linuxjournal, lawrence, rosen, geek, chillingeffects, frequently, asked, questions, answers, xavier, linant, dalloz, voisins, hollister, sean, verge, lost, fight, scan, lend, notional, professor, annotator, providing, indicium, insulate, copyist, detailed, companies, engaging, benefits, services, something, meaning, asks, 510, 569, 579, gpo, gov, winston, 150, 132, carol, publishing, group, andreas, huyssen, achievement, mocked, obscene, temple, louvre, steven, baker, postmodernity, divide, debbie, lewer, blackwell, 2005, 223, explaining, walter, essay, age, mechanical, conceptualizing, already, iconoclastically, destroying, authenticity, uniqueness, post, impressionism, war, sup, renewed, collected, facweb, claw, ch6c2, htm, point, washington, 293, 734, mich, rejected, argument, 1337, stressed, transitory, accused, insisted, supposed, cognizable, precedent, 800, wells, fargo, school, george, 487, 701, 811, 977, 1527, digital, online, info, rev, 104, 964, 965, denying, phillips, virginia, ross, samantha, 266, 239, miami, sorry, didn, moss, aaron, lately, associated, sues, cal, 1161, 154, 1107, wikisource, representatives, 1476, sewed, together, towels, design, imprinted, bags, 173, 625, scarves, vera, merchants, mfrs, 1997, 125, 580, vaver, 235, 225, abridgments, abstracts, implications, silbey, jessica, 2652, 5119701, ssrn, 2585, boston, college, preventing, unjust, opportunism, equitable, interpretations, app, lexis, 19085, oct, effect, 698, 300, 302, 1983, 697, 1982, 893, 906, ill, 1999, pickett, prince, eden, florelee, undergarment, gracen, bradford, exch, 488, 486, banc, 554959, 1980, justia, 238194, 551553, georgetown, quest, conception, dariusz, jemielniak, aleksandra, przegalinska, mit, 262, 35645, collaborative, 0957, 9656, 1163, 095796512x625436, logos, borrow, steal, centuries, across, grassmuck, volker, guibault, lucie, angelopoulos, christina, eds, theory, ctt46mtjh, jstor, 8964, 307, licensing, knowledge, scotchmer, suzanne, 0895, 3309, 1257, jep, economic, cumulative, research, listed, 147, 148, dite, nouvelle, laquelle, incorporée, préexistante, sans, cette, dernière, iii, accessed, 1971, amended, 1979, updated, œuvres, composites, german, urhg, sec, 69c, dramatizations, orchestrations, spain, trlpi, grants, italian, affords, transformations, reductions, intended, shorter, compendia, netherlands, dutch, reproductions, modified, science, provision, trips, agreement, regimes, protecting, daniel, gervais, ent, tech, 785, univ, digitisation, photographs, institute, vanderbilt, why, foxes, hedgehogs, andere, bearbeitungen, übersetzungen, 2017, sheet, hire, trade, secret, threshold, merchandising, doujinshi, controversy, hong, kong, hyperlinking, framing, physical, initially, lent, covid, pandemic, expanded, availability, archives, initiative, waitlists, people, four, declaring, unrestricted, copyrights, according, unsupported, required, digitally, controlled, referred, became, possible, advent, sentence, beginning, defines, permits, window, cursor, moused, canterbury, tales, prologue, gif, animation, offered, comparative, proprietors, subjected, left, informs, competition, partially, covers, temporarily, faced, drama, draws, heavily, nevertheless, rule, prevents, borrows, earliest, merely, conventional, mise, scène, pyramus, thisbe, west, lapse, classified, indirect, centered, around, season, lapsed, successfully, seasons, valid, characters, block, distributor, dvds, andy, griffith, trivia, shows, incorporate, possessed, slight, existent, seinfeld, mockery, transforming, showing, harsh, assumptions, famous, known, generations, professors, 1950s, paradigmatic, caption, letters, phrase, she, hot, ass, iconic, incensed, contemporary, mocking, jocondisme, practically, secular, self, defacement, stroke, ridicule, quantum, readily, location, épater, phonetically, resemble, graphic, paid, disputes, conflicting, conflict, finessed, task, gauging, several, analogous, area, solution, reached, require, payment, reasonable, royalty, illustrating, various, techniques, changing, firm, flash, advertisements, competitor, change, proponents, buying, comparisons, opponents, proprietor, maintaining, screenshot, always, sided, evenly, balanced, support, respective, positions, wide, ranging, designed, results, quickly, efficiently, p10, facilitating, searches, illustrates, spectrum, respect, relatively, polar, hardly, hurt, feelings, benefited, tilted, foregoing, likely, concluded, served, originally, serve, informative, transforms, pointer, directing, just, obvious, shedding, incorporating, electronic, tool, indeed, entirely, typically, conducting, specific, acknowledged, truism, engines, expressly, consider, directed, significantly, outweighs, direction, less, commercialism, pictorial, rationale, illustrated, find, indexing, added, remain, unavailable, corporation, believe, answer, justification, turns, productive, employ, raw, aesthetics, insights, understandings, activity, intends, exposing, proving, summarizing, idea, defend, rebut, symbolism, declarations, innumerable, modern, stems, 1990, toward, extensively, justifies, taking, harvard, crucial, factor, largely, result, emphasized, involved, insight, readers, listeners, viewers, pointed, derisively, demonstrat, bland, banal, orbison, grounds, produced, stored, analogy, console, differs, hence, platforms, software, locks, keep, proper, negotiations, broke, down, reverse, engineer, disassemble, translate, readable, assembly, capable, operated, led, downloading, improper, trying, maintain, monopoly, downloaded, ascertain, worked, ideas, passage, circumvention, statutes, contained, activities, actually, litigated, dmca, macintosh, enterprises, ltd, appellate, customize, difficulty, characteristics, strength, speed, endurance, opposed, interfered, marketing, shielded, distributes, dictate, enjoyed, enhance, audiovisual, experience, enjoyable, super, mario, bros, lewis, america, illustrative, escape, complete, marked, pointing, clue, live, crew, timothy, sylvester, movies, commercially, exploited, address, baby, hold, intend, observed, experimenting, clearing, often, ask, sample, approving, ruling, uprooting, practices, limit, stifle, contrary, goal, promoting, good, suggests, disseminating, tend, focus, unlicensed, dissemination, infringers, exploitation, narrow, manageable, certain, criteria, exist, assume, resisted, imposing, quasi, kozinski, specified, separately, clause, overlaps, broader, sense, requires, phonorecords, whereas, ballet, pantomime, improvised, ever, tangible, congress, count, forbids, occurred, minimis, entitles, begin, chain, distributed, unless, parties, owns, give, themself, bonding, fashion, arises, purchasing, reselling, greeting, kind, textile, turned, higher, lithographs, resold, changed, bonded, rise, effectively, frame, annie, laws, abridgements, themselves, stop, either, 229, commonwealth, far, stays, bounds, contributions, stage, keeling, hars, unlawfully, attaches, says, presumably, considerable, lacked, acquire, close, subsequent, applied, principle, pirated, conceded, models, determinative, trivial, features, reflected, distinguishable, recognizably, contribution, sets, apart, prototypical, authored, subsequently, represented, limitless, variety, media, imposed, constitution, particular, relief, dismissed, embodies, loosely, uncopyrightable, duck, mouse, rested, 1886, arm, outstretched, presses, lever, appears, carpet, bag, maker, jeffrey, 1975, planning, american, bicentennial, shortly, thereafter, sons, incidentally, attempted, customs, notified, imported, got, allowing, took, pains, demonstrate, varied, size, shape, older, ways, warranted, upheld, six, members, voted, filing, dissenting, focused, nearly, solely, easily, manufactured, metal, therefore, minuscule, simply, weapon, harassment, hands, mischievous, copiers, intent, appropriating, monopolizing, undoubtedly, designated, lower, relative, industries, corp, rural, attach, later, rote, uncreative, coined, culminated, simplify, enumerated, majority, technological, exemplified, proverb, impacted, introduction, illegal, positively, spread, late, 20th, early, 21st, ethos, copyleft, clarified, recognition, multiplication, derivation, artist, violation, scc, adapt, publicly, cinematographic, cinematograph, contrivance, mechanically, performed, produce, perform, publish, sole, explicitly, define, generally, agreed, constitutes, canadian, overturned, conclusion, fall, jurisdiction, concluding, dispute, instead, systran, commission, justice, prefers, defined, cassation, interpreted, requiring, distinct, inputs, incomplete, understood, explanatory, arise, concerning, cause, come, existence, affirmative, typical, received, registration, makes, regarded, minor, substance, titles, phrases, notes, distribute, transfer, rental, lease, lending, sections, 107, 122, authorize, compilation, extends, distinguished, employed, imply, affect, enlarge, duration, subsistence, arrangement, dramatization, fictionalization, abridgment, condensation, recast, consisting, editorial, whole, extensive, given, graphics

Text of the page (random words):
clearing the rights to it is a common practice in the music industry copyright owners often ask to see a sample of the derivative work before approving its use 28 29 the court wrote a ruling uprooting these common practices would limit creativity and stifle innovation within the music industry this is contrary to copyright law s primary goal of promoting the arts for the public good 30 the fair use defense in derivative work cases edit even if a work is found to be an unauthorized derivative work an alleged infringer can escape liability via the defense of fair use for example in campbell v acuff rose music inc the supreme court found that although a parody of the song oh pretty woman by 2 live crew was an unauthorized derivative work fair use was still available as a complete defense this case marked the supreme court s pointing to transformativeness as a major clue to application of the fair use defense to derivative works citation needed the defense of fair use has become very important in computer and internet related works two 1992 ninth circuit decisions are illustrative in lewis galoob toys inc v nintendo of america inc 31 the appellate court held that it was a fair use for owners of copies of video games such as super mario bros to use galoob s product the game genie to customize the difficulty or other characteristics of the game by granting a character more strength speed or endurance nintendo strongly opposed galoob s product allegedly because it interfered with the maintenance of the nintendo culture which nintendo claimed was important to its marketing program 32 the court held among other things that the fair use defense shielded galoob s conduct the court said that a party who distributes a copyrighted work cannot dictate how that work is to be enjoyed consumers may use a game genie to enhance a nintendo game cartridge s audiovisual display in such a way as to make the experience more enjoyable in sega enterprises ltd v accolade inc 33 the court excused accolade from copyright infringement liability on fair use grounds nintendo and sega produced video game consoles each stored the games in plastic cartridges that provided game data to the consoles by way of analogy the sega hardware console s platform differed from nintendo s as a macintosh platform differs from that of a pc hence a video game cartridge that works on one system does not work on the other sega and nintendo sought to license access to their hardware platforms and each company developed software locks to keep out cartridges that did not have the proper key accolade sought a license from sega for its key but negotiations broke down over price accolade then decided to reverse engineer sega s lock and key system to do so it had to download copy all of the computer code from sega s product and disassemble it translate it from machine code into human readable assembly accolade succeeded and began to market new video games that it independently wrote which were capable of being operated in sega consoles this led to copyright infringement litigation in which sega alleged that the downloading was improper copying reproduction of sega s code the court held that sega was trying to use the copyright in its computer code to maintain a monopoly over the sale of video games to which it was not legally entitled accolade downloaded the computer code only to ascertain how the lock worked so that it could make a key that would permit its games to work in sega consoles the court held that such a use was fair use we conclude that where disassembly is the only way to gain access to the ideas and functional elements embodied in a copyrighted computer program and where there is a legitimate reason for seeking such access disassembly is a fair use of the copyrighted work as a matter of law 34 however since the passage of the anti circumvention statutes contained in the dmca further court cases involving the fair use defense of such activities have yet citation needed to be actually litigated transformativeness edit main article transformativeness a crucial factor in current legal analysis of derivative works is transformativeness largely as a result of the supreme court s 1994 decision in campbell v acuff rose music inc the court s opinion emphasized the importance of transformativeness in its fair use analysis of the parody of oh pretty woman involved in the campbell case in parody as the court explained the transformativeness is the new insight that readers listeners or viewers gain from the parodic treatment of the original work as the court pointed out the words of the parody derisively demonstrat e how bland and banal the orbison pretty woman song is the modern emphasis of transformativeness in fair use analysis stems from a 1990 article by judge pierre n leval in the harvard law review toward a fair use standard 35 which the court quoted and cited extensively in its campbell opinion in his article leval explained the social importance of transformative use of another s work and what justifies such a taking i believe the answer to the question of justification turns primarily on whether and to what extent the challenged use is transformative the use must be productive and must employ the quoted matter in a different manner or for a different purpose from the original if the secondary use adds value to the original if the quoted matter is used as raw material transformed in the creation of new information new aesthetics new insights and understandings this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society transformative uses may include criticizing the quoted work exposing the character of the original author proving a fact or summarizing an idea argued in the original in order to defend or rebut it they also may include parody symbolism aesthetic declarations and innumerable other uses the concept as leval and the campbell court described it developed in relation to fair use of traditional works literary works musical works and pictorial works but recently courts have extended this rationale to internet and computer related works in such cases as illustrated by kelly v arriba soft corporation 36 and perfect 10 inc v amazon com inc 37 the courts find a use such as that of thumbnails in an image search engine for indexing purposes transformative because it provides an added benefit to the public which was not previously available and might remain unavailable without the derivative or secondary use the ninth circuit court explained this in the perfect 10 case google s use of thumbnails is highly transformative in kelly we concluded that arriba s use of thumbnails was transformative because arriba s use of the images served a different function than kelly s use improving access to information on the internet versus artistic expression although an image may have been created originally to serve an entertainment aesthetic or informative function a search engine transforms the image into a pointer directing a user to a source of information just as a parody has an obvious claim to transformative value because it can provide social benefit by shedding light on an earlier work and in the process creating a new one a search engine provides social benefit by incorporating an original work into a new work namely an electronic reference tool indeed a search engine may be more transformative than a parody because a search engine provides an entirely new use for the original work while a parody typically has the same entertainment purpose as the original work in conducting our case specific analysis of fair use in light of the purposes of copyright we must weigh google s superseding and commercial uses of thumbnail images against google s significant transformative use as well as the extent to which google s search engine promotes the purposes of copyright and serves the interests of the public although the district court acknowledged the truism that search engines such as google image search provide great value to the public the district court did not expressly consider whether this value outweighed the significance of google s superseding use or the commercial nature of google s use the supreme court however has directed us to be mindful of the extent to which a use promotes the purposes of copyright and serves the interests of the public we conclude that the significantly transformative nature of google s search engine particularly in light of its public benefit outweighs google s superseding and commercial uses of the thumbnails in this case we are also mindful of the supreme court s direction that the more transformative the new work the less will be the significance of other factors like commercialism that may weigh against a finding of fair use the ninth circuit s treatment of transformativeness and fair use in the arriba soft and perfect 10 cases illustrates different data points on the copyright infringement spectrum at least with respect to transformativeness and fair use arriba soft was a relatively polar case the harm to kelly the copyright owner was negligible it was hardly more than hurt feelings because as the ninth circuit said in its opinion arriba s creation and use of the thumbnails the derivative work does not harm the market for or value of kelly s images on the other hand the court found that arriba s use benefited the public arriba s use of the images serves a different function than kelly s use improving access to information on the internet versus artistic expression the balance thus tilted strongly in arriba s favor the foregoing analysis in this case thus made the ninth circuit to be the first court to make the equation highly beneficial to public transformative and as the supreme court explained in campbell the more transformative a derivative use the more likely the use is to be a fair use the campbell court recognized that the balance may not always be one sided as it was in campbell itself and in arriba soft in the perfect 10 case the interests were more evenly balanced for the first time in a derivative work case involving new information technology both google and perfect 10 had legitimate interests at stake and support for their respective positions thus there was a finding that google s wide ranging use of thumbnails is highly transformative their creation and display is designed to and does display visual search results quickly and efficiently to users of google image search but google s use had some commercial aspects and was claimed to impair p10 s commercial interests yet on balance the ninth circuit found that the transformativeness outweighed the other fair use factors because google has provided a significant benefit to the public in facilitating image searches by means of thumbnail images this opinion provided a second instance of the beneficial transformative equation described in the preceding paragraph from the arriba soft case screenshot of half com pop up ad over amazon s web page c 2008 the use of pop up advertising in which third party advertisements pop up on a competitor s web page and change its appearance to allegedly create a derivative work 38 may present transformativeness issues the proponents of such pop ups the defendants in infringement litigation argue that they provide the public with additional information about making buying decisions particularly in the form of price comparisons but the opponents the plaintiffs in these cases argue that the defendants conduct adversely affects the web page proprietor s interest in the integrity of its web page and its investment interest in creating and maintaining the page 39 an example of promotional advertising for a pop up company illustrating various pop up techniques for changing the appearance of another firm s web page is shown in this flash archived 19 june 2009 at the wayback machine 40 little attention has been paid to the balancing of the interests at stake in derivative work copyright disputes where conflicting interests are present in the perfect 10 and castle rock cases however the courts appeared to have recognized that some conflict existed but they finessed the balancing task by finding one side or the other s interest negligible so that no serious work had to be done in gauging the balance although several courts have found no copyright infringement for one reason or another in an analogous area of copyright law a solution reached was to permit the use challenged as infringement but to require payment of a reasonable royalty 41 examples of derivative works under u s law edit graphic from the united states copyright office 1959 giving examples of derivative works the most famous derivative work in the world has been said to be l h o o q 42 also known as the mona lisa with a moustache generations of u s copyright law professors since at least the 1950s have used it as a paradigmatic example marcel duchamp created the work by adding among other things a moustache goatee and the caption l h o o q letters which phonetically resemble the phrase in french she is hot in the ass to leonardo s iconic work these few seemingly insubstantial additions were highly transformative because they incensed contemporary french bourgeoisie 43 by mocking their cult of jocondisme 44 at that time said to be practically a secular religion of the french bourgeoisie and an important part of their self image duchamp s defacement of their icon was considered a major stroke of épater le bourgeois thus it has been said that the transformation of a cult icon into an object of ridicule by adding a small quantum of additional material can readily be deemed preparation of a derivative work 45 a parodic derivative work based on duchamp s parodic derivative work is shown at this location archived 2 august 2020 at the wayback machine the mockery of oh pretty woman discussed in campbell v acuff rose music inc is a similar example of transforming a work by showing it in a harsh new light or criticizing its underlying assumptions because of the parody s transformativeness the supreme court found the derivative work a fair use citation needed trivia books based on tv shows such as seinfeld are considered derivative works for purposes of infringement liability at least if they incorporate a substantial amount of copyright protected content from the tv episodes 46 in castle rock the court found that any transformative purpose possessed in the derivative work was slight to non existent accordingly the court held that defendants had prepared an infringing derivative work a 2007 lawsuit cbs operations v reel funds international ruled that television series that have some episodes lapse into the public domain can be classified as derivative works and subject to indirect copyright accordingly the lawsuit centered around 16 episodes of the andy griffith show from the show s third season that had lapsed into the public domain in 1989 cbs success...