This note will explore the adequacy of the scope of the derivative work right as it applies to new technologies and discuss how that right should be expanded to compensate for technological developments not foreseen when the current Copyright Act was enacted in 1976. The note will also provide a recommendation that could resolve all of the issues raised throughout. Part I provides a more detailed background of the jump-and-skip technology being used as an example to represent all referencing works. Part II first discusses and analyzes the present state of the derivative work right. It then addresses the purposes behind copyright law to explain why the derivative work right should be expanded and offers a solution in the form of an amendment to the Copyright Act to expand the statutory definition of "derivative works." Finally, Part III concludes the note with a summary of the issues.
Patrick W. Ogilvy,
Frozen in Time? New Technologies, Fixation, and the Derivative Work Right,
8 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol8/iss3/7