Maybe so, because the exclusive right is framed as a right "to prepare derivative works based upon the copyrighted work" (separate from reproduction, distribution, and other copyright rights).
Might it be that this separation between those rights exists so that the copyright holder can contract out manufacturing services, while controlling distribution? The copy house is given the right of preparing copies, without having distribution rights.
I don't think I was infringing back in kindergarten when I cut up newspapers to make strips for papier-mâché. In any case, my courtroom argument there could be bolstered by the remark that the resulting work was painted, entirely concealing the original content.
Maybe so, because the exclusive right is framed as a right "to prepare derivative works based upon the copyrighted work" (separate from reproduction, distribution, and other copyright rights).
https://www.law.cornell.edu/uscode/text/17/106