This Book Is a Movie: The “Faithful Adaptation” as a Benchmark for Analyzing the Substantial Similarity of Works in Different Media
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Date
2014-11-20
Authors
Rennie, Douglas Campbell
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Publisher
University of Oregon School of Law
Abstract
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.
Description
42 pages
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Citation
93 OR. L. REV. 49