Log in

Next Entry

Short bibliography

10/1/2008: Important note! I will no longer be updating this entry. Instead, the bibliography may be found at this link on Fanlore.

For those interested, these are the fandom-specific legal articles I've found. If anyone comes across more legal commentary, or web-accessible versions I've missed, please add it in comments.

Rebecca Tushnet, Legal Fictions: Copyright, Fan Fiction and a New Common Law, 17 Loy. L.A. Ent. L.J. 651 (1997)

Meredith McCardle, Fandom, Fan Fiction and Fanfare: What's All the Fuss?, 9 B.U. J. Sci. & Tech. L. 443 (2003) (pdf file)

Cecilia Ogbu, I Put Up a Website About My Favorite Show and All I Got Was This Lousy Cease-and-Desist Letter: The Intersection of Fan Sites, Internet Culture, and Copyright Owners, 12 S. Cal. Interdisc. L.J. 279 (2003)

Jessica Elliott, Copyright Fair Use and Private Ordering: Are Copyright Holders and the Copyright Law Fanatical For Fansites?, 11 DePaul-LCA J Art & Ent. L. 329 (2001)

Deborah Tussey, From Fan Sites to File Sharing: Personal Use in Cyberspace, 35 Ga. L. Rev. 1129 (2001)

ETA: Krissi J. Geary-Boehm, Cyber Chaos: The Clash Between Band Fansites and Intellectual Property Holders, 30 S. Ill. L.J. 87 (2005). PDF file available.

ETA: Simone Murray, “Celebrating the Story the Way It Is”: Cultural Studies, Corporate Media, and the Contested Utility of Fandom, 18 CONTINUUM: J. OF MEDIA & CULTURAL STUDIES 7 (2004).

ETA: Note, "Recoding" and the Derivative Works Entitlement: Addressing the First Amendment Challenge, 119 Harv. L. Rev. 1488 (2006).

ETA: Sonia Katyal, Performance, Property, and the Slashing of Gender in Fan Fiction, Journal of Gender, Social Policy, and the Law (forthcoming), available at SSRN.

ETA for some classics: Justin Hughes, Recoding Intellectual Property and Overlooked Audience Interest, 77 TEXAS LAW REVIEW 923 (1999), and Rosemary Coombe, "Author/izing the Celebrity: Publicity Rights, Postmodern Politics, and Unauthorized Genders." Special issue titled "Intellectual Property and the Construction of Authorship." 10 Cardozo Arts and Entertainment Law Journal 365 - 395. Reprinted in Martha Woodmansee and Peter Jaszi, eds., The Construction of Authorship: Textual Appropriations in Law and Literature (Durham, NC: Duke University Press, 1994) 101 - 131.

ETA: Anupam Chander & Madhavi Sunder, Everyone's a Superhero: A Cultural Theory of 'Mary Sue' Fan Fiction as Fair Use, 95 Cal. L. Rev. 597 (2007) (pdf).

ETA 2/8/2007: A Winner is Who? Fair Use and the Online Distribution of Manga and Video Game Fan Translations, 9 Vanderbilt J. of Entertainment and Technology Law 223 (Fall 2006).

ETA 9/17/2007: Rebecca Tushnet, Payment in Credit: Copyright Law and Subcultural Creativity, 70 L & CONTEMP. PROBLEMS 135 (2007), and responses by Jessica Litman, Creative Reading, 70 L & CONTEMP. PROBLEMS 175 (2007), and Mark Lemley, Should a Licensing Market Require Licensing?, 70 L & CONTEMP. PROBLEMS 185 (2007).

1/11/2008 Rachael Stiegel, Harry Potter and the Laboratory Creativity: Fandom Infringement of Copyrights and a Proposed Exception for Experimental Use

1/16/2008 Sarah Trombley, Visions and Revisions: Fanvids and Fair Use, 25 Cardozo Arts & Ent. J. 647 (2008).

2/4/2008 Jacqueline Lai Chung, Drawing Idea from Expression: Creating a Legal Space for Culturally Appropriated Literary Characters, 49 Wm. and Mary L. Rev. 903 (2007).

2/26/2008 Ernest Chua, Fan Fiction and Copyright: Mutually Exclusive, Able to Coexist or Something Else?, 14 eLaw Journal 215 (2007).

3/2/2008 Andrew S. Long, Mashed Up Videos and Broken Down Copyright: Changing Copyright To Promote the First Amendment Values of Transformative Video, 60 Okla. L. Rev. 317 (2007).

4/28/2008, Edward Lee, Warming Up to User-Generated Content, U. Ill. L. Rev. (forthcoming 2008)

6/12/2008, Rebecca Tushnet, User-Generated Discontent: Transformation in Practice, 31 COLUM. J.L. & ARTS 110 (2008) (PDF).

6/27/2008, Joshua M. Daniels, "Lost in Translation”: Anime, Moral Rights, and Market Failure, 88 B.U. L. Rev. 709 (2008).

7/18/2008, Casey Fiesler, Everything I Need to Know I Learned From Fandom: How Existing Social Norms Can Help Shape the Next Generation of User-Generated Content, 10 Vanderbilt Journal of Entertainment and Technology Law 729 (2008).

8/1/2008, Christina J. Hayes, Changing the Rules of the Game: How Video Game Publishers Are Embracing User-Generated Derivative Works, 21 Harvard J. L. & Tech. (2008).


( 14 comments — Leave a comment )
Aug. 7th, 2003 02:42 pm (UTC)
Aug. 13th, 2003 05:07 pm (UTC)
Rebecca -thanks SO much for these links! Meredith gave me a copy of her article earlier this week, but it's wonderful to see it online - and we can now add it to our FAQ, huzzah!
Jan. 15th, 2006 06:23 pm (UTC)
Leanne Stendell, Comment, Fanfic and Fan Fact: How Current Copyright Law Ignores the Reality of Copyright Owner and Consumer Interests in Fan Fiction, 58 SMU L. Rev. 1551 (2005)
Jan. 15th, 2006 06:27 pm (UTC)
Other articles:

Sean Kirkpatrick, Like Holding a Bird: What the Prevalence of Fansubbing Can Teach Us About the Use of Strategic Selective Copyright Enforcement, 21 Temple Environmental Law and Technology Journal 131 (2003) -- unfortunately unavailable online, but in Westlaw and probably Lexis.

Sean Leonard, Celebrating Two Decades of Unlawful Progress: Fan Distribution, Proselytization Commons, and the Explosive Growth of Japanese Animation, forthcoming in the UCLA Entertainment Law Review; a free version can be found at SSRN, here. Sean will be starting law school in the fall, but he's been studying American anime fans for a while.

jocelyncs links to an online essay here. Though I am biased on the fan side and this essay takes the copyright owner's side, and this may of course affect my evaluation, I found his arguments incoherent.
Feb. 23rd, 2006 01:54 am (UTC)
Note, Machinima and Copyright Law, 13 J. of Intellectual Property Law 235 (Fall 2005).
Aug. 9th, 2006 03:30 pm (UTC)
Jordan Hatcher, Of Otakus and Fansubs: A Critical Look at Anime Online in Light of Current Issues in Copyright Law, 2 Script-ED 551 (2005), html or pdf.
Sep. 12th, 2006 07:04 pm (UTC)
Mollie E. Nolan, Search for Original Expression: Fan Fiction and the Fair Use Defense, 30 Southern Illinois L.J. 533 (Spring 2006) (pdf).
May. 20th, 2007 06:52 am (UTC)
I think the Nolan article offers an excellent overview of the issues facing Fan Fiction.
Jul. 16th, 2008 06:15 am (UTC)
Apart from these issues, it's an excellent article. Tony 19 March (UTC) Object , primarily on the basis supplied by Tony1.
May. 22nd, 2007 05:17 pm (UTC)
Thanks so much for these links! I'm definitely going to check some of these out. I still can't fathom how Fanlib passes legal muster.
Sep. 18th, 2007 03:32 am (UTC)
Thank you for these links! I'm doing my intellectual property essay on fanfiction (I'm going to try to link it to the ideas/express dichotomy) and these articles would really help!
Sep. 13th, 2008 07:01 am (UTC)
the above article is pro-fanfic. A lawyer's pov is included.
Sep. 13th, 2008 07:04 am (UTC)
Another comment I would like to add is that China publishing houses publishes fanfiction. For example, I have seen 2 published Prince of Tennis fanfiction.
( 14 comments — Leave a comment )
This Community should be used for informative and educational purposes only or to give the public a general understanding of the law.
Nothing in this community, its posts or the comments thereto should be considered as specific advice. Your access to and use of this Community means that you understand and acknowledge that no attorney-client relationship exists between you and any poster or commenter hereto, and that the Community should not be used as a substitute for competent legal advice from a licensed professional attorney/counselor/solicitor in your jurisdiction.


Fandom Lawyers

Latest Month

April 2015
Powered by LiveJournal.com
Designed by Jared MacPherson