I think putting such constraints on creative work is a cultural disaster.
> as soon as you start trying to write derivative works in the same vein as the original then you're damaging the original author's ability to market his existing work
That seems ridiculous. How would expanding literature hurt it? It would be like free PR for the original. Art (tales, legends, stories, music and potry) used to be orally transmitted, we forgot that too, with every retelling it was reinterpreted and adapted. Even Tolkien didn't invent the elves and Rowling didn't invent sorcery.
The more gray areas for derivative work is stuff like fan art, translations, and remixes. All are technically in the area to be copyright'd, but at the same time it also helps publishers in essentially being free, natural advertisement.
i am a big fan of film music. i made a small piano reduction of a favorite piece and uploaded it to youtube. i wasn't even mad when i saw the copyright claim within hours, since i run no ads.
i was however baffled and somewhat proud that my efforts were not in vain, and that the algorithm thought my poor interpretation was close to the real thing.
i do not defend the algorithm though.