Tagged With: derivative works

This journal article argues that, if most creative works are transformative, then more consideration must be given to the nature of transformativeness in any fair use analysis. The author suggests that a reader's reaction is a better measure of the degree of transformativeness present in a work than the author's intent.

This paper approaches the question of originality in photographic reproductions of two-dimensional and three-dimensional public domain works by analyzing the legal thresholds for originality, recognised protections for derivative works, and protections for photographs and non-original photographs among various jurisdictions.