Citations (2)


Footnotes (177)



Payment in Credit: Copyright Law and Subcultural Creativity

Rebecca Tushnet

Georgetown University Law Center

Law and Contemporary Problems, Vol. 70, 2007

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 at work. 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. 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, but fan practices differ in significant ways from copyright law's assumptions, especially in their treatment of attribution as a substitute for compensation and control. The article concludes by discussing the rise of hybrid forms of partially or incompletely commodified, unauthorized but tolerated, creative production; these new forms challenge both conventional production models and traditionally noncommercial fan practices.

Number of Pages in PDF File: 40

Keywords: copyright, cultural environmentalism, fan fiction, attribution, moral rights

Open PDF in Browser Download This Paper

Date posted: September 11, 2007  

Suggested Citation

Tushnet, Rebecca, Payment in Credit: Copyright Law and Subcultural Creativity. Law and Contemporary Problems, Vol. 70, 2007 . Available at SSRN: http://ssrn.com/abstract=1010395

Contact Information

Rebecca Tushnet (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
Feedback to SSRN

Paper statistics
Abstract Views: 1,500
Downloads: 249
Download Rank: 82,446
Citations:  2
Footnotes:  177

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.375 seconds