Although new expression, meaning, or message may be relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive of the first factor. Insofar as the parties’ respective use of the photograph have “substantially the same purpose,” and the foundation’s use of Goldsmith’s photograph was to commercially license Orange Prince to Condé Nast, the facts do not favor the foundation’s fair use defense to copyright infringement.