And The Martian took advantage of NASA's budget and Star War's budget by also being about space.
And OS X took advantage of Microsoft's marketing budget for the idea of Laptops / computers.
Who cares if you're gaining recognition by making a derivative of something that already exists?
When some parent product marketed something, it was for its own benefit. If I also benefit, that doesn't mean I'm stealing their marketing budget out from under them, it means I'm taking advantage of what people already are familiar with.
I do think your statement that someone making a derivative work is taking advantage of the original's marketing budget, recognition, etc.... I just don't see why that matters.
Hell, the derivative work often-as-not can act as further marketing for the original.
And OS X took advantage of Microsoft's marketing budget for the idea of Laptops / computers.
Who cares if you're gaining recognition by making a derivative of something that already exists? When some parent product marketed something, it was for its own benefit. If I also benefit, that doesn't mean I'm stealing their marketing budget out from under them, it means I'm taking advantage of what people already are familiar with.
I do think your statement that someone making a derivative work is taking advantage of the original's marketing budget, recognition, etc.... I just don't see why that matters. Hell, the derivative work often-as-not can act as further marketing for the original.