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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 )
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