Rebecca Tushnet’s latest article on fan-created works and fair use

Check out Rebecca Tushnet, User-Generated Discontent: Transformation in Practice, 31 COLUM. J.L. & ARTS 110 (2008). [translation: it's in the Columbia Journal of Law and the Arts]
She argues that the non-commercial nature of fan works makes them transformative, an important element in determining whether a use of a copyrighted work [...]

Ownage?: AP tries to decide what is fair use for bloggers

In several recent blog and news stories (including my favorite headline of the bunch: The Associated Press plays role of Metallica in Napster-esque war with bloggers), the AP’s stated fair use policy for bloggers is discussed.
And what is the limits of AP’s version of fair use? If a blogger wants to use more than 5 [...]

Kermit sings Hurt: Uncle Trent (and Johnny Cash) should be proud

This video of Kermit the Frog singing plaintively (about his love for Miss Piggy?) has been making the rounds for at a while and it brings up an interesting discussion of cultural appropriation and copyright — when is it acceptable to use someone else’s work for your own entertainment? This video is simultaneously making a [...]

Our Law and Society Conference Presentation: The Intellectual Property and Political Economy of Fanworks and other forms of user-generated content

Main points
1. As media consumers become amateur media producers with an (at least perceived) economic stake in a media production, it has become more important for scholars to examine the legal and public policy implications of these fan productions and the communities that create them.
2. Communications theory that has informed most political economy/legal scholarship is [...]

Happy Birthday Belongs To You and Me?: A possible copyfraud in action?

There is no better example of the political economy of the present copyright system than a recent detailed analysis of the very-likely public domain status of Happy Birthday. If not copyrighted, than why the copyright claim?
Because it is
a revenue-generating juggernaut, producing more than $2-million a year in fees for Warner Music and the offspring of [...]