Which statement correctly describes 'transformative use'?

• A. A use that creates an entirely new work or serves a new and different purpose.
• B. A use that copies the original with no changes.
• C. A use that always requires permission from the copyright owner.
• D. A use that is exclusively non-commercial.

Answer: (A)

Transformative use means the new work adds something new—new expression, meaning, or purpose—and uses the original in a way that is different from the original’s purpose. It changes the original rather than merely copying it, such as in parody, critique, commentary, or a fresh synthesis. This approach is favored in fair use because it contributes new value rather than acting as a substitute for the original.

The statement that best describes this is one that says the use creates an entirely new work or serves a new and different purpose. Copying the original with no changes isn’t transformative because it preserves the original without adding new meaning. Requiring permission in all cases ignores the fair use defense, since transformative uses can qualify without permission. And whether a use is commercial or non-commercial doesn’t by itself determine transformativness; a transformative use can be commercial and still be fair use, while a non-transformative use—simply copying—would not be.