Monday, December 19, 2016

The NYT on Frederik Colting's latest endeavor

I'm quoted in the story, though not in full--I think this is a very hard case that could go either way.  One real issue is whether the kiddie versions take any more of the expression of the works than a standard, reasonably detailed review--they recount the key elements of the plot, that's for sure, but I'm not sure that suffices for substantial similarity in expression.  I think we should not too easily move to using fair use to defend reviews and summaries; though fair use is capacious, substantial similarity should have its own role to play.  And then, for fair use, I think the transformativeness inquiry could be quite interesting--does sanitizing On the Road for children inherently comment on it?  Does the fact that 2001: A Space Odyssey makes no sense in summary work as comment on it?

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