How did the Concept of Transformative Use Affect the Boundaries of U.S Copyright Law and What Impact Does It Have on Artistic Expression?

Abstract

The notion of transformative use has developed as a crucial and dynamic element in U.S copyright law. It has dramatically impacted the legal framework and creative environment. This dissertation investigates how transformative use has grown, altered, and at times challenged the established limitations of US copyright law under the fair use doctrine. With a particular emphasis on its far-reaching influence on artistic expression. The dissertation dives into the numerous ways in which transformative use has redefined the interplay between copyright protection, creative freedom, and the public interest via an examination of major legal decisions, legislative changes, and artistic examples. The complicated and sometimes contentious nature of transformative use, particularly when creative expression contradicts standard concepts of derivative works is also explored. Due to its widespread appeal, courts have progressively accepted and implemented the transformative use test within their jurisdiction. These decisions outline the connection between transformative use and the statutory factors of the fair use doctrine specified in the Copyright Act of 1976, by clarifying how courts have recalibrated their examination of these factors to accord with transformative principles. Finally, an emphasis on the lasting significance of transformative use in setting the limitations of US copyright law, as well as the tremendous influence it has on cultivating a rich tapestry of artistic expression in the modern period is outlined. The dissertation concludes by emphasizing the ongoing arguments and difficulties surrounding transformative use, highlighting the importance of a nuanced and adaptive legal framework that evolves with the changing environment of creative expression in our digital age.