(University of Oregon School of Law, 2014-11-20) Rennie, Douglas Campbell
In this Article, drawing on the nature of the statutory derivative work right as clarified by the theoretical research and related case law, I argue that courts should translate the expressive elements of the plaintiff’s original work into equivalent modes of expression in the new medium to create a hypothetical “faithful adaptation.” The faithful adaptation would then serve as the benchmark for comparison to the defendant’s work. The author’s right to create transformations (or derivatives) of the original work must serve as the basis for comparison because it is the right that has allegedly been infringed.
