Transformative use t-shirts
Take a look at the full article, here.
Fair Uses have traditionally included commentary, criticism, parody, quotation, news reporting, and teaching. The hallmark of fair use jurisprudence in the past 20 or so years has been whether or not the secondary use is transformative. When the character of the use is transformative, the commerciality of the use is still considered, although not necessarily dispositive.
Keep the four fair use factors in mind when looking at the shirts [above]. The source material is highly creative, and all these shirts were created for commercial purposes.
Are the mashup shirts [above] transformative enough?
- the purpose and character of the use
- the nature of the copyrighted work
- the amount and substantiality of the portion used
- the effect of the use on the market for the original
Other factors beyond the four above can be considered. Do you think it would be appropriate to consider the ability of artists to comment substantially on modern popular culture without obtaining a license as an additional factor? Should copyright law accommodate fan-driven art, even if it is created with a commercial purpose?"