united-states copyright intellectual-property fair-use
What would constitute Fair Use in a work that is derivative of a parody?
<p>Let's say that there's a work B, which under U.S. law seems to count clearly as a transformative use (parody, satire or the like) of another work A, and thus subject to fair use. So what about a work C that is a (licensed) derivative work of B? Would it also need to count as a transformative use of A for it to be fair use?</p>

<p>The analysis is always with respect to the work that the owner is claiming infringement of. Work C would be compared to work A.</p>

<p>The copyright owner would have to prove copying happened (even via an intermediary, like work B). The copyright owner would also have to prove that work C included a substantial taking of the original work in A.</p>

<p>The owner of work C could raise a fair use defense, and work C would be subject to the 4-factor fair use test in relation to work A.</p>
