I guess this is probably where new legislation that clearly allows streaming under certain conditions (similar to how cover songs are legal under a special mechanism for compulsory licensing) would be best for the industry and the users, rather than trying to evaluate it under Fair Use and the DMCA, which clearly weren’t written with something like this in mind. But unfortunately, the US is no longer in the habit of passing new legislation, so, here we are.
But once again, how is this different than a book to movie adaption? Lots of adaptions do their own take on characters and settings. Like, have you seen Hamlet with Patrick Stewart and David Tennant? Or Treasure Planet being a sci-fi adaption of Treasure Island? Or even just a different character interpretation like in the Harry Potter meme of ‘Dumbledore asked calmly’.
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