Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Research Identifier An unambiguous reference to the resource within a given context CleanUrl: research Description A description of the content of the resource or work Entries in this section of the Copyright Cortex include both peer-reviewed and non-peer-reviewed research, exploring the law of copyright and its effects on policy and practice in a variety of cultural heritage contexts. From managing the risks associated with making orphan works available online to claiming copyright in digital surrogates of public domain works, this section catalogues data, evidence, and commentary across a wide range of topics. If you have any recommendations for material that should feature in this section of the Copyright Cortex please do let us know. You can contact us at: <a href="mailto:info@copyrightcortex.org">info@copyrightcortex.org</a> Journal Article URL https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1148379 Volume 31 Pages (from-to) 445-466 pp. Journal Title The Columbia Journal of Law & the Arts Issue Number 4 ISSN 2161-9271 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Everything Is Transformative: Fair Use and Reader Response Description A description of the content of the resource or work This journal article argues that, if most creative works are transformative, then more consideration must be given to the nature of transformativeness in any fair use analysis. The author suggests that a reader's reaction is a better measure of the degree of transformativeness present in a work than the author's intent. Creator An entity primarily responsible for making the resource Laura A. Heymann Date A point or period of time associated with an event in the lifecycle of the resource 2008-6-29 Abstract A summary of the resource. This essay, written for a symposium on fair use sponsored by the Columbia Journal of Law and the Arts, offers an alternative theory of the concept of transformativeness in the fair use analysis in copyright law. Drawing on literary reader-response theory, the essay suggests that courts might determine whether a claimed fair use is transformative by considering not whether the defendant has engaged in certain activities with respect to the copyrighted work but, rather, whether the defendant's work engages with a different discursive community from the plaintiff's work. Previous analyses have, not surprisingly, focused on section 107's directive to consider the purpose and character of the use as a suggestion to evaluate not how the work is perceived or interpreted but what the defendant creator intended or hoped to achieve. But virtually all work building on or incorporating another work is transformative to some extent because all creative expression is, to some degree, representational. Thus, if the goal of the transformativeness inquiry is to determine whether the second work has contributed a new expression, meaning, or message, then it might be more fruitful to ask the transformativeness question from the reader's perspective. By considering the degree of transformativeness to align with the amount of interpretive distance that the defendant's use of the plaintiff's work creates, courts may reach different, and more appropriate, results with respect to categories of expressive work that have occasionally been deemed not transformative enough: appropriation art, in which a work is incorporated wholesale or nearly so, and satire, in which the target of the defendant's work is typically something other than the plaintiff's work. By suggesting that virtually everything is transformative, I do not mean to suggest that nothing is infringing. But shifting the focus from author to reader may serve to remind us both of the limits of transformativeness as a key to fair use and of the fact that facilitating dissemination of multiple meanings of the same work can achieve the goal of copyright law just as well as the dissemination of multiple works. Thus, if we are to retain transformativeness as a relevant answer, let us at least ask the right question - as Foucault suggests, not Who is speaking? but Who is listening? Publisher An entity responsible for making the resource available Social Science Research Network (SSRN) Source A related resource from which the described resource is derived <a href="https://lawandarts.org/" target="_blank" rel="noreferrer">Columbia Journal of Law and the Arts</a> Language A language of the resource ENG Identifier An unambiguous reference to the resource within a given context CleanUrl: everything-is-transformative-fair-use-reader-response Copyright Cortex Fields Extra CC fields for copyright information Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 2008 June 29 Jurisdiction United States Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 392 KB 23 pp. Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. fair use appropriation authorship copyright infringement reuse and remix Campbell v Acuff-Rose Music derivative works Magritte reader-response theory Roland Barthes transformative use