Abstract

Toward a Fair Use Standard in Digital Environment : Re-defining the "Transformative Use" of Copyrighted Works

Jisuk Woo / Professor, Dept. of Communication and the Media,
Seoul Women's University

This paper analyzes the tranformative use factor in fair use analysis of copyright law. I argue that the end users creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work, as found in the lower court cases after Campbell.

The transformative use factor, interpreted and applied in this way, would not only be linguistically and legally correct but also be able to provide important guidance in determining what kind of use should be fair use in different kinds of contexts including the changing information environment stimulated by digital information technology.