The argument of The Mona Lisa With a Moustache is actually a rather thinly stretched argument on the concept of derivative work. In fact it illustrates the exem

The argument of The Mona Lisa With a Moustache is actually a rather thinly stretched argument on the concept of derivative work. In fact it illustrates the exemption to copyright in that it falls under parody in fair-use. You could put a moustache on FHM's sexiest woman and be exempt from any copyright and have created a derivative work. So I fail to see how the derivative work clauses in copyright is harming anything when your example of a trivial derivative work actually trumps the evil you're claiming. > Sure, it's inconvenient for you, but I can't pretend to be "the real thing" as your trademark is certainly still covered.Sure, it's inconvenient for you, but I can't pretend to be "the real thing" as your trademark is certainly still covered. Actually yes you can, it's virtually impossible to trademark a name and it would be easy to fool untold thousands by publishing an eighth Harry Potter and simply leave out the authors name. This then lands the pressure on book sellers to vet the works they sell to ensure a work is a legitimate sequel so as not to damage their own profits by selling inferior knockoffs. > The fan-fiction universe seems to suggest such a "parallel" universe can exist without anyone mistaking one for the other. Because a crudely written story on some fanfic board is really going to confuse consumers in a bookstore or on Amazon. Seriously, it's absurd claiming people don't mistake the two when you'll never see the two together in the first place. You'll never see fanfic anywhere but backwater sites because when people start making money off of it, the person will be screwed beyond belief. People get raped by the RIAA for allegedly costing them money; imagine what lawyers can do when they can prove you cost them money by having a record of your sales.