I can't do the poll because I can't put numbers on these things, sorry! But I do have a comment.
Naturally the OTW wants to define "transformative" as broadly as possible, but if we look at examples - like the audiobooks you mentioned - of transformative-ish works in the wild, then the extent to which "transformation" = "no longer affected by copyright" is much more restricted. For example, adding "a new expression, meaning or message" doesn't count as "transformative" when it comes to putting on plays. Now matter how radical your production, no matter how brilliantly you read against to the text, to produce a pacifist Henry V, or a psychopathic Hamlet, you're still expected to pay the playwright or translator whose text your production is based on (assuming they're still in copyright, of course). Interestingly, you cannot put a copyright on production details - these fall under "ideas" rather than "execution", so it's perfectly legal to nick another director's brilliant solutions to a staging difficulty, or a wonderful set.
This being the case, I'm inclined to think that manips, vids and podfics are less transformative than fanfic, because fic merely uses ideas, whereas vids etc. use actual material that someone else has already produced.
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Date: 2010-02-10 01:54 pm (UTC)Naturally the OTW wants to define "transformative" as broadly as possible, but if we look at examples - like the audiobooks you mentioned - of transformative-ish works in the wild, then the extent to which "transformation" = "no longer affected by copyright" is much more restricted. For example, adding "a new expression, meaning or message" doesn't count as "transformative" when it comes to putting on plays. Now matter how radical your production, no matter how brilliantly you read against to the text, to produce a pacifist Henry V, or a psychopathic Hamlet, you're still expected to pay the playwright or translator whose text your production is based on (assuming they're still in copyright, of course). Interestingly, you cannot put a copyright on production details - these fall under "ideas" rather than "execution", so it's perfectly legal to nick another director's brilliant solutions to a staging difficulty, or a wonderful set.
This being the case, I'm inclined to think that manips, vids and podfics are less transformative than fanfic, because fic merely uses ideas, whereas vids etc. use actual material that someone else has already produced.