Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children

25 Pages Posted: 17 Dec 2011

Date Written: December 16, 2011

Abstract

Human creativity, like human reproduction, always makes new out of old in ways that copyright law has not fully recognized. The genre of vidding, a type of remix made mostly by women, demonstrates how creativity can be disruptive, and how that disruptiveness is often tied to ideas about sex and gender. The most frightening of our modern creations — the Frankenstein’s monsters that seem most appropriative and uncanny in light of old copyright doctrine — are good indicators of what our next generation of creativity may look like, especially if creators’ diversity in gender, race, and economic background is taken into account.

Keywords: Copyright, Vidding, Fair Use

JEL Classification: K00, K19

Suggested Citation

Tushnet, Rebecca, Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children (December 16, 2011). Notre Dame Law Review, Vol. 86, No. 5, p. 2133, 2011; Georgetown Public Law Research Paper No. 11-142. Available at SSRN: https://ssrn.com/abstract=1973728

Rebecca Tushnet (Contact Author)

Harvard Law School ( email )

Cambridge, MA
United States

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