Fair and Transformative use

Fair use is used to justify an artist such as girl talk because it is considered a parody work of the original artists. Courts use fair use by seeing if the original is affected negatively by the new work. An example of what I am talking about can be boiled down to the bare financials of the two selected works. So If Girl Talk used too much of a sample of an original work than that work be copyright infringement. Since the original work isn’t effected and most people that would want to listen to Jay-Z wouldn’t opt to listen to Girl talk instead, they would continue to listen to the original Jay-Z song . As a former DJ, I am pretty familiar with how the music industry is regulated especially online. Everyone wants their music to be listening to but also paid for in addition. That’s why services like soundcloud and youtube are becoming much more regulated; artists want their money. Transformative use is another additional expansion to fair use. This is divided by commentary and criticism and or a parody which is what the show south park is famous for. South Park is considered a very successful parody; constantly sued by major companies and other public figures. They all lose in court due to the fact that the entire main cast are cartoon eight year olds. Most people tend to forget that that they have the legal right to use their name or brand but only because of it’s parody value.