NightDev Community Forums

What is "Transformative"?


#1

I want to make an emote that is derivative of another emote on BTTV. The original uploader has gone inactive, and thus I cannot seek his approval for the emote. My only other option is to argue fair use. The emote I want to make is a derivative of “HeadBang”, uploaded by user Hewooo. There also exists an emote “HYPERHEADBANG” uploaded by user Pebs. “HYPERHEADBANG” is as much fair use as the emote I’ve made, but I don’t want to take the chance of uploading it for approval if it is seen as copyright infringement. What constitutes transformative work on this site?

BTW this is the emote: HYPOHEADBANG
HYPOHEADBANG%2025%25
The point is for ultra-slow headbanging. Meant as a contrast to HYPERHEADBANG.

EDIT: 7 days no reply. Is “transformative work” that hard to define when I’ve cited specific examples? I’m just gonna try to submit it and hope that whomever sees it knows what they’re talking about.

EDIT 2: The emote got approved. I would still like an answer for future reference.


#3

In general we assume users own the content or have received permission to use the content being uploaded. We don’t/can’t make decisions of copyright infringement based on transformative work, since we can’t really track that at scale.


#4

Understood. Thanks for the reply.


closed #5

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