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amouramarie

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"The use of the copyrighted material is justified as fair use under 17 USC 107 because it is (a) transformative and (b) does not adversely affect the market or potential market of the original work or derivative works. The central purpose of this investigation [into purpose and character of use] is to see ... whether the new work merely "supersede[s] the objects" of the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is "transformative." Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 579, 114 S.Ct. 1164, 127 L.Ed.2d 500 (1994), Zomba Enterprises, Inc.; Zomba Songs, Inc., Plaintiffs-Appellees, v. Panorama Records, Inc., Defendant-Appellant., 491 F.3d 574 (6th Cir. 2007)."

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