I actually phrased it wrong here - the side I want to emphasize is that if you can't sell it, if it involves a copyright that someone else holds, then it most likely is transformative, and should definitely be permitted. I don't think "it's sellable" is a criteria for exclusion on its own; sellability is just a useful first thing to look at.
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I actually phrased it wrong here - the side I want to emphasize is that if you can't sell it, if it involves a copyright that someone else holds, then it most likely is transformative, and should definitely be permitted. I don't think "it's sellable" is a criteria for exclusion on its own; sellability is just a useful first thing to look at.