Surely it's the 'level' of reproduction that counts? You're argument is like "what if Stephen King had a copyright on characters flipping out and attacking thei

Surely it's the 'level' of reproduction that counts? You're argument is like "what if Stephen King had a copyright on characters flipping out and attacking their families" - clearly, that would be ridiculous and no-one would argue in its favour. However, if someone made a scene-for-scene remake of The Shining with different actors, most people would think some sort of copyright permission would be required.