ILikeBoobies,

The if part is what gets argued in court

en.m.wikipedia.org/wiki/Transformative_use

transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original

Fifty Shades vs Twilight would be transformative

Anderson v. Stallone

Would be the most likely case reference for this ruling where Anderson made a Rocky sequel and it was deemed infringement

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