What makes a use transformative?

• A. It requires permission from the original author.
• B. Results in the creation of an entirely new work (as opposed to an adaptation) or uses the original work for a new & different purpose.
• C. It preserves the original's market.
• D. It is only allowed for non-commercial uses.

Answer: (B)

Transformative use adds something new to the original—a new meaning, expression, or purpose—so the new work isn’t just a copy. That often means the result is a different kind of work or used in a different context with a distinct aim from the original.

This choice best matches that idea: the use results in an entirely new work or uses the original for a new and different purpose. Parody, critique, commentary, or repackaging that changes how the original is perceived illustrate this transformative effect and why it can be fair use.

The other ideas don’t capture transformation. Requiring permission isn’t about whether a use transforms the work. Preserving the original market isn’t indicative of transformation and can undermine a transformative use. Limiting it to non-commercial uses ignores the core idea that transformation is about added meaning or purpose, not about profit status.