David Versus Goliath, Writer Versus Publisher: Fair Use in Literary Works as Applied in Anvil Publishing V. Adam David

91 Philippine Law Journal 76, (page cited) (2018)

34 Pages Posted: 11 May 2020

Date Written: February 1, 2018

Abstract

In 2015, writer Adam David input numerous sentences from different short stories in the anthology "Fast Food Fiction Delivery" into a Javascript-based code. With a click of a button, the hypertext machine would produce a seemingly new story from the random quotes, creating a new whole from severed parts, a narrative that would appear coherent despite its fragmented origins. He then published this on a blog, entitled "Hi Ma'am Sir." He considered this his critique of the said short story collection, as for him, it was meant to demonstrate what he thinks is a flattening of aesthetics, politics, language, and form in contemporary short story writing in the Philippines. Anvil Publishing, the publisher of "Fast Food Fiction Delivery," threatened to sue David for copyright infringement. This paper is an attempt to elucidate the application of fair use in appropriation art, derivative works, and literary criticism, and how it affects the progress and cultivation of arts in the Philippines.

Keywords: copyright, fair use, derivative works, appropriation art, literary criticism, Philippines

Suggested Citation

Bernardo, Maria Karla Rosita, David Versus Goliath, Writer Versus Publisher: Fair Use in Literary Works as Applied in Anvil Publishing V. Adam David (February 1, 2018). 91 Philippine Law Journal 76, (page cited) (2018), Available at SSRN: https://ssrn.com/abstract=3576435

Maria Karla Rosita Bernardo (Contact Author)

University of the Philippines College of Law ( email )

Malcom Hall
University of the Philippines, Diliman
Quezon City
Philippines

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