Kind of Bloop- So What
The Transformative Factor:
He fails the transformative factor. He didn't transform the song into a whole different meaning, he just changed how the song sounded. From hearing it, you can tell that the song is So what- Miles Davis.
The Nature of the Copyrighted Work:
This one is difficult. He did take published material by a known artist. I feel like he might have passed this test.
The Amount and Substantiality of the Portion Took:
He failed this test. He took the entire song, so therefore he took the heart of the song, too. You can't do that, so he failed.
The Effect of the Use on the Potential Market:
I feel like he passed this test. People listened to this song awhile back, and I don't think it'll change their views on the song itself. I don't think it will effect the potential buyers, either.
I think this video is not fair use. He failed almost all of the tests. He didn't transform the song, and he took Miles Davis's entire song. He did pass the Effect on the Potential Market test, because I don't think it really transformed peoples views.
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