Courts determine if a new work is fair use by asking the following questions: Is the new work transformative - does it add new meaning - and not just replicate the original? What is the nature of the work? (Creative or fictional works generally get more protection than purely factual ones, legal scholars say.) How much of the original work is used? Does the new creation use the "heart" of the original? And how would the new work affect the market for the original?And then ask yourself...what messages are we teaching our kids? Are we strictly teaching them to follow the guidelines...or are we teaching them to think about transformative use? Are we thinking about media literacy skills in all content areas as we redesign curriculum?
What do you think about this case is the poster a transformative use of the original image?