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Payment in Credit: Copyright Law and Subcultural Creativity

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dc.contributor.author Tushnet, Rebecca en_US
dc.date.accessioned 2009-07-31T14:57:47Z
dc.date.available 2009-07-31T14:57:47Z
dc.date.issued 2007 en_US
dc.date.submitted 2007-10-01 en_US
dc.date.submitted 2007-10-01 en_US
dc.identifier.uri https://hdl.handle.net/10535/3147
dc.description.abstract From Introduction: "Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but we know less about the choices people make about copyright on a daily basis, especially when they are not working. Thus, this article examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others' works to creation of new stories, art, and audiovisual works: the media-fan community. Part II provides a brief overview of fan creativity. As Part III explains, fans justify their unauthorized derivative works as legitimate, no matter what formal copyright law says, with theories that draw on factors similar to those employed by fair use doctrine. "Part IV then discusses some differences between fair use and fan practices, focused around attribution as an alternative to veto rights over uses of copyrighted works... "Part V goes beyond attribution and complicates the fan-mass media division, examining the role of commerciality and the rise of hybrid forms of partially or incompletely commodified, unauthorized but tolerated, creative production. In particular, the commercialization of amateur content by third party aggregators needs more attention in a theory of cultural commons." en_US
dc.subject copyright en_US
dc.subject law en_US
dc.subject intellectual property rights en_US
dc.title Payment in Credit: Copyright Law and Subcultural Creativity en_US
dc.type Journal Article en_US
dc.type.published published en_US
dc.subject.sector Information & Knowledge en_US
dc.identifier.citationjournal Law and Contemporary Problems en_US
dc.identifier.citationvolume 70 en_US
dc.identifier.citationnumber 2 en_US
dc.identifier.citationmonth March en_US
dc.submitter.email aurasova@indiana.edu en_US


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