Transformative Works: Young Women's Voices on Fandom and Fair Use

eGirls, eCitizens 385 (U. Ottawa Press, Jane Bailey & Valerie Steeves, eds., 2015)

Whittier Law School Research Paper

27 Pages Posted: 9 Jun 2015

See all articles by Elizabeth Rosenblatt

Elizabeth Rosenblatt

University of California, Davis

Rebecca Tushnet

Harvard Law School

Date Written: May 29, 2015

Abstract

This chapter considers the transformative impact of copyright fair use and fair dealing laws on the lives of individuals based on first-person accounts of young women and girls involved in media fandom. It builds on the work of scholars who have addressed the relationship between media fandom and copyright law, and relies specifically on the voices of media fans themselves about the role that fandom, particularly the creation of noncommercial fanworks, has played in their personal and developmental lives. In so doing, it examines how exceptions to copyright exclusivity that promote remix and other transformative expression create spaces that promote girls’ self-actualization.

The chapter draws principally on fans’ responses to a call by the U.S.-based nonprofit Organization for Transformative Works for personal accounts of how creating fanworks has influenced their lives. The responses reflected young women’s views that fandom provides unique opportunities for young women and girls to connect with others, build professional and educational skills, and develop personal and emotional maturity. For example, respondents reported that through the creation of noncommercial transformative works, they found their voices; discovered unknown abilities; shared their own points of view; learned professional skills; made friends; found the strength to overcome personal hardship; and gained greater understanding of themselves and others. At the same time, fanwork creation has afforded young women and girls an audience and a unique opportunity to use existing cultural expression as a springboard to talk back to a culture that might not otherwise hear their voices. These fans’ personal accounts indicate that laws permitting the creation of noncommercial derivative works not only promote individual expression by often-marginalized speakers, but also offer particular benefits to those speakers that are not readily available through other means. The paper concludes that broad understandings of fair use, fair dealing, and other laws that promote the creation of noncommercial transformative works are beneficial not only for free expression, but also for the girls and young women who create and consume that expression.

Keywords: copyright, intellectual property, fair use, fair dealing, fanworks, girls, young women, feminism, cyberfeminism

Suggested Citation

Rosenblatt, Elizabeth and Tushnet, Rebecca, Transformative Works: Young Women's Voices on Fandom and Fair Use (May 29, 2015). eGirls, eCitizens 385 (U. Ottawa Press, Jane Bailey & Valerie Steeves, eds., 2015) ; Whittier Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=2614756

Elizabeth Rosenblatt (Contact Author)

University of California, Davis ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

Rebecca Tushnet

Harvard Law School ( email )

Cambridge, MA
United States

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