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New article: User-generated Discontent

By Rebecca Tushnet

User-Generated Discontent: Transformation in Practice, 31 COLUM. J.L. & ARTS 110 (2008) (PDF). Using fanworks as a core example of transformativeness, I argue that creators' theories of fair use should inform fair use doctrine. In particular, I argue that there's a relationship between noncommerciality and fair use: investment in creating new works out of existing ones simply for the nonmonetary benefits of sharing those new works with others is a signal that transformative purpose is present, even if it lacks the traditional signals of transformativeness in commercial works like obvious parody. This also has implications for third-party hosts like YouTube.

Full post as published by 43(B)log on June 13, 2008 (boomark / email).