International Law

Hilden on the Organization for Transformative Works

Writing for FindLaw's Writ, Julie Hilden looks at the agenda of the Organization for Transformative Works:

The intriguing new group, The Organization for Transformative Works (OTW), is proposing some interesting changes to copyright law that would strengthen protections for "fan fiction." ("Fan fiction" is created when those who love an original work -- say, "Star Trek," for example -- incorporate its characters into their own writing or other creative work.)

The OTW "envisions a future in which all fannish works are recognized as legal and transformative and are accepted as a legitimate creative activity." Interestingly, the group includes Georgetown law professor Rebecca Tushnet, who specializes in intellectual property law and has herself represented and advised some fan fiction websites as an attorney. Tushnet also writes fan fiction herself, as do a number of other OTW members, as their bios describe.

In this column, I'll discuss whether the legal future toward which the group is working would be a desirable one. Currently, any author has the option to sue fans for copyright violations based on fan fiction. Nonethelesss, many make very clear they will never exercise that option, out of respect and affection for their fans. But should authors legally lose that option - as the OTW suggests?

Read more here.

Full post as published by Freedom to Differ on January 21, 2008 (boomark / email).