Legal Information Institute wrote: |
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the amount and substantiality of the portion used in relation to the copyrighted work as a whole |
is saying that it matters
how much of a work you reproduce, and how significant that part of what you reproduce is. My understanding from talking to lawyers is that small excerpts are OK, and that reproducing an entire work is almost never OK.
And I italicized it because it seemed important to emphasize. If you feel differently, I strongly encourage you to not italicize them when you use the words in your own posts :)
It has everything to do with whether or not a profit is being made on the product. |
Fair point on the profit thing - it looks as though that is one of the factors that weighs into consideration when deciding if something is fair use. Although note that no one of these criteria in itself is enough to denote something as "fair use". A work that doesn't violate the doctrine on the matter of profit, can still fail on any of the other criteria. So "everything to do with whether or not a profit is being made" is overstating things - that's merely one of the things it has to do with.
Indeed - where "transformative" is usually taken to mean for the purposes of parody, comment, criticism, etc. In other words, the work that quotes from the original must have a different purpose from the original.
(Note that the case that you link to is one of parody, which is definitely transformative.)
I've never heard of simple translation to another language being enough to make a work "transformative"; certainly, in this case, the use of the translated work will be exactly the same as the original, which would suggest not. The Wiki article on the subject certainly doesn't mention it at all:
https://en.wikipedia.org/wiki/Transformation_(law)
If there are sources out there that do cite translation as being sufficient to denote a work as transformative, I'd be very interested to read them.
I'd also note that, if the OP - or anyone else - really wants an authoritative answer as to whether something they want to do is legal, they should consult a lawyer, rather than a bunch of eejits talking about it on the Intarwebs ;)