The Importance of Fair Use in the Copyright Act

Sotomayor said that the degree of transformation required to make a transformative use must go beyond that required to qualify as derivative. Pippa: I think there are ways for visual artists absolutely to do that, but I think it has to do something like that in Sotomayor's mind. The original became a small part of a larger work. It was either polarized or turned upside down and put in a different context. And so it seems to me that it's impossible for the sky to fall based on a fair use decision.