Page:Hachette Book Group v. Internet Archive (2023).pdf/17

 secondary work is 'transformative,' as well as whether it is commercial.", 11 F.4th 26, 37 (2d Cir. 2021), , 142 S. Ct. 1412 (2022).

In this Circuit, consideration of the first factor focuses chiefly on the degree to which the secondary use is "transformative." A transformative use "adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message, rather than merely superseding the original work." , 910 F.3d 649, 660 (2d Cir. 2018). A secondary use also may be transformative if it "expands [the] utility" of the original work. , 883 F.3d at 176. "Although transformative use is not absolutely necessary for a finding of fair use, transformative works lie at the heart of the fair use doctrine, and a use of copyrighted material that merely repackages or republishes the original is unlikely to be deemed a fair use." at 176–77.