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Frozen In Time? New Technologies, Fixation, And The Derivative Work Right, Patrick W. Ogilvy
Frozen In Time? New Technologies, Fixation, And The Derivative Work Right, Patrick W. Ogilvy
Vanderbilt Journal of Entertainment & Technology Law
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 …