ABSTRACT
This chapter argues that in order to remodel the right to make derivative works in accordance with its underlying normative justifications, two aspects must be addressed. First, it is necessary to separate the right to make derivative works from the reproduction right and to delineate their respective boundaries. Second, copyright holders’ remedies for infringement must be limited. This argument is based both on the normative discussion in Chapter 3 and on a positive review of the derivative works right in current case law. Reviewing its historical development alongside the reproduction right and the way it is reviewed in current case law shows that the two rights almost completely overlap, and that such overlap is unjustified under the normative discussion since it does not allow for an independent existence of the derivative works right and adjusting its remedies in isolation from the reproduction right.
