A Taxonomy of Borrowing
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Digital Fanfic in Negotiation: Livejournal, Archive of Our Own, and the Affordances of Read-Write Platforms
Digital fanfic in negotiation: LiveJournal, Archive of our Own, and the affordances of read-write platforms. Introduction Fanfiction is the unauthorized rewriting or adaptation of popular media narratives, utilizing corporately owned characters, settings and storylines to tell an individual writer’s own story (self-ref, 2017). It is often abbreviated to fanfic or even fic, and exists in a thoroughly grey legal area between copyright infringement and fair use (Tushnet 1997, McCardle 2011). Though there were a few cases of cease-and-desist letters sent to fan writers in the twentieth century, media corporations now understand it is useless to attempt to prosecute fanfic writers – for one thing, there are simply too many of us,1 and for another it would be terrible publicity. Though modern fanfic can be reliably dated to the 1960s (Jenkins 1992), it is now primarily an online practice, and the fastest growing form of writing in the world (self ref). This paper uses participant observation and online ethnography to explore how fanfiction archives utilize digital affordances. Following Murray, I will argue that a robust understanding of digital read-write platforms needs to account for the social and legal context of digital fiction as well as its technological affordances. Whilst the online platform LiveJournal in some ways channels user creativity towards a more self-evidentially ‘digital’ texts than its successor in the Archive of Our Own (A03), the Archive encourages greater reader interactivity at the level of archive and sorting. I will demonstrate that in some ways, the A03 recoups some of the cultural capital and use value of print. -
Audiences, Gender and Community in Fan Vidding Katharina M
University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2011 "Veni, Vidi, Vids!" audiences, gender and community in Fan Vidding Katharina M. Freund University of Wollongong, [email protected] Recommended Citation Freund, Katharina M., "Veni, Vidi, Vids!" audiences, gender and community in Fan Vidding, Doctor of Philosophy thesis, School of Social Sciences, Media and Communications, Faculty of Arts, University of Wollongong, 2011. http://ro.uow.edu.au/theses/3447 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] “Veni, Vidi, Vids!”: Audiences, Gender and Community in Fan Vidding A thesis submitted in fulfilment of the requirements for the award of the degree Doctor of Philosophy From University of Wollongong by Katharina Freund (BA Hons) School of Social Sciences, Media and Communications 2011 CERTIFICATION I, Katharina Freund, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Arts Faculty, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Katharina Freund 30 September, 2011 i ABSTRACT This thesis documents and analyses the contemporary community of (mostly) female fan video editors, known as vidders, through a triangulated, ethnographic study. It provides historical and contextual background for the development of the vidding community, and explores the role of agency among this specialised audience community. Utilising semiotic theory, it offers a theoretical language for understanding the structure and function of remix videos. -
The Fan Studies Network Conference 24-25 June 2017
THE FAN STUDIES NETWORK CONFERENCE 24-25TH JUNE 2017 CENTRE FOR PARTICIPATORY CULTURE UNIVERSITY OF HUDDERSFIELD PROGRAMME FRIDAY 23rd JUNE 17:30 PARTICIPATORY CULTURE MATTERS Roundtable discussion and launch event for the University of Huddersfield Centre for Participatory Culture (Free entry to all FSN2017 delegates) 19:30 SOCIAL EVENT: WINE RECEPTION (SPONSORED BY THE LAUNCH OF THE CENTRE FOR PARTICIPATORY CULTURE) AND FAN STUDIES QUIZ SATURDAY 24th JUNE 09:00 – 09:30 REGISTRATION 09:30 – 10:30 KEYNOTE Dr Louisa Stein: Fandom/Resistance 10:30 – 10:45 BREAK 10:45 – 12:15 PARALLEL PANELS Panel A: Rethinking Fan Studies Panel B: Genre and Fandom Panel C: Ageing Fans and Ageing Celebrities in Popular Media Culture 12:15 – 13:15 LUNCH 13:15 – 14:45 PARALLEL PANELS Panel D: Fantagonisms: Interrogating ‘Toxic’ Fandom Panel E: Mainstreaming Fandom Panel F: Transcultural Fandom 14:45 – 15:00 BREAK 15:00 – 16:30 PARALLEL PANELS Panel G: New Perspectives on Fandom and Neoliberalism Panel H: Transmedia Tourism and Participatory Cultures Panel I: Power 16:30 – 16:45 BREAK 16:45 – 18:00 SPEED GEEKING 18:00 – 19:30 THE FAN STUDIES NETWORK FIFTH BIRTHDAY PARTY (featuring a wine reception) 20:30 CONFERENCE DINNER SUNDAY 25th JUNE 09:00 – 09:30 REGISTRATION 09:30 – 11:00 PARALLEL PANELS Panel J: Performing Fandom Panel K: Fan/Producer Relationships Panel L: Memory and Long-term Fandom 11:00 – 11:15 BREAK 11:15 – 12:45 PARALLEL PANELS Panel M: Fan Practices Panel N: The CW Network: Teen Shows, Fanagement and the Organisation of the Fan Community Panel -
Lexis Practice Advisor Intellectual Property & Technology Determining
Lexis Practice Advisor® is a comprehensive practical guidance resource for attorneys who handle transactional matters, including “how to” information, model forms and on point cases, codes and legal analysis. The Intellectual Property & Technology offering contains access to a unique collection of expertly authored content, continuously updated to help you stay up to speed on leading practice trends. The following is a practical guidance excerpt from the topic Copyright Ownership & Registration. Lexis Practice Advisor Intellectual Property & Technology Determining Copyright Ownership by Jeremy S. Goldman, Frankfurt Kurnit Klein & Selz PC Jeremy S. Goldman is counsel in the Litigation Group of Frankfurt Kurnit Klein & Selz PC, where he focuses on intellectual property, entertainment and privacy law for clients in the media, entertainment, advertising and technology spaces. Overview Copyright protection is given to authors of original and expressive works , including literary, musical, dramatic, sculptural, and certain other categories of works, which are fixed in a tangible medium. Although the author of a copyrighted work is generally also the creator of the work, there are exceptions to this, such as works made for hire and works jointly authored by more than one person. A copyright in a derivative work protects only the new and original elements added to preexisting work; the author of the derivative work has no ownership interest in the preexisting work. The ownership of a copyright may be transferred or assigned, in whole or in part. That is, each of the exclusive rights afforded a copyright owner under the Copyright Act may be owned and transferred separately. To the extent there are conflicting transfers, the prior transferee will have priority over any subsequent transferee so long as the transfer is recorded within one month of execution (for transfers made in the United States), or at any time prior to recordation of the transfer to a subsequent transferee. -
An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests Amanda Schreyer
Cybaris® Volume 6 | Issue 1 Article 3 2015 An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests Amanda Schreyer Follow this and additional works at: http://open.mitchellhamline.edu/cybaris Part of the Intellectual Property Law Commons Recommended Citation Schreyer, Amanda (2015) "An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests," Cybaris®: Vol. 6: Iss. 1, Article 3. Available at: http://open.mitchellhamline.edu/cybaris/vol6/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Cybaris® by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Schreyer: An Overview of Legal Protection for Fictional Characters: Balanci Published by Mitchell Hamline Open Access, 2015 1 Cybaris®, Vol. 6, Iss. 1 [2015], Art. 3 AN OVERVIEW OF LEGAL PROTECTION FOR FICTIONAL CHARACTERS: BALANCING PUBLIC AND PRIVATE INTERESTS † AMANDA SCHREYER I. Fictional Characters and the Law .............................................. 52! II. Legal Basis for Protecting Characters ...................................... 53! III. Copyright Protection of Characters ........................................ 57! A. Literary Characters Versus Visual Characters ............... 60! B. Component Parts of Characters Can Be Separately Copyrightable ................................................................ -
Computer Software Derivative Works: the Calm Before the Storm
COMPUTER SOFTWARE DERIVATIVE WORKS: THE CALM BEFORE THE STORM Natalie Heineman* Cite as 8 J. HIGH TECH. L. 235 (2008) I. Introduction Every generation believes they live in the most exciting times of continued social and technological advancement. Since the advent of computers and the internet, however, the present is a time in which progress seems unrivaled. While the law races to catch up with technology, the area of law requiring the fastest runners may be that of computer software derivative works under current copyright law. An author’s exclusive right to prepare derivative works is particularly challenged in the software environment where innovation often involves references to and incorporation of other preexisting works. Without definitive cases on point or specifically tailored legislation to guide the analysis, however, the scope of this note is simply to help define the issues presented, thereby drawing attention to what looks to be the calm before the impending storm. This note considers the challenge posed by computer software derivative works. The note first discusses the definition of derivative works under the current Copyright Act, and analyzes how the courts have interpreted derivative works in analogous contexts. Because defining a derivative work necessarily considers whether it has infringed the underlying work, the note then discusses how the courts make infringement analyses. The infringement analysis focuses primarily on the abstraction-filtration method as it has developed in computer software cases. Finally, the note considers trends in cases and legislation that suggest an increasingly broad interpretation of derivative rights. This section emphasizes the Open Source movement which will no doubt have a significant impact on the future of computer software derivative works. -
A Portrait of Fandom Women in The
DAUGHTERS OF THE DIGITAL: A PORTRAIT OF FANDOM WOMEN IN THE CONTEMPORARY INTERNET AGE ____________________________________ A Thesis Presented to The Honors TutoriAl College Ohio University _______________________________________ In PArtiAl Fulfillment of the Requirements for Graduation from the Honors TutoriAl College with the degree of Bachelor of Science in Journalism ______________________________________ by DelAney P. Murray April 2020 Murray 1 This thesis has been approved by The Honors TutoriAl College and the Department of Journalism __________________________ Dr. Eve Ng, AssociAte Professor, MediA Arts & Studies and Women’s, Gender, and Sexuality Studies Thesis Adviser ___________________________ Dr. Bernhard Debatin Director of Studies, Journalism ___________________________ Dr. Donal Skinner DeAn, Honors TutoriAl College ___________________________ Murray 2 Abstract MediA fandom — defined here by the curation of fiction, art, “zines” (independently printed mAgazines) and other forms of mediA creAted by fans of various pop culture franchises — is a rich subculture mAinly led by women and other mArginalized groups that has attracted mAinstreAm mediA attention in the past decAde. However, journalistic coverage of mediA fandom cAn be misinformed and include condescending framing. In order to remedy negatively biAsed framing seen in journalistic reporting on fandom, I wrote my own long form feAture showing the modern stAte of FAndom based on the generation of lAte millenniAl women who engaged in fandom between the eArly age of the Internet and today. This piece is mAinly focused on the modern experiences of women in fandom spaces and how they balAnce a lifelong connection to fandom, professional and personal connections, and ongoing issues they experience within fandom. My study is also contextualized by my studies in the contemporary history of mediA fan culture in the Internet age, beginning in the 1990’s And to the present day. -
Orienting Fandom: the Discursive Production of Sports and Speculative Media Fandom in the Internet Era
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Illinois Digital Environment for Access to Learning and Scholarship Repository ORIENTING FANDOM: THE DISCURSIVE PRODUCTION OF SPORTS AND SPECULATIVE MEDIA FANDOM IN THE INTERNET ERA BY MEL STANFILL DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications with minors in Gender and Women’s Studies and Queer Studies in the Graduate College of the University of Illinois at Urbana-Champaign, 2015 Urbana, Illinois Doctoral Committee: Professor CL Cole, Co-Chair Associate Professor Siobhan Somerville, Co-Chair Professor Cameron McCarthy Assistant Professor Anita Chan ABSTRACT This project inquires into the constitution and consequences of the changing relationship between media industry and audiences after the Internet. Because fans have traditionally been associated with an especially participatory relationship to the object of fandom, the shift to a norm of media interactivity would seem to position the fan as the new ideal consumer; thus, I examine the extent to which fans are actually rendered ideal and in what ways in order to assess emerging norms of media reception in the Internet era. Drawing on a large archive consisting of websites for sports and speculative media companies; interviews with industry workers who produce content for fans; and film, television, web series, and news representations from 1994-2009 in a form of qualitative big data research—drawing broadly on large bodies of data but with attention to depth and texture—I look critically at how two media industries, speculative media and sports, have understood and constructed a normative idea of audiencing. -
Why the U.K. Adaptation Right Is Superior to the U.S. Derivative Work Right Patrick R
Nebraska Law Review Volume 92 | Issue 4 Article 5 2014 Why the U.K. Adaptation Right Is Superior to the U.S. Derivative Work Right Patrick R. Goold University of California, Berkeley, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Patrick R. Goold, Why the U.K. Adaptation Right Is Superior to the U.S. Derivative Work Right, 92 Neb. L. Rev. (2014) Available at: https://digitalcommons.unl.edu/nlr/vol92/iss4/5 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Patrick R. Goold* Why the U.K. Adaptation Right Is Superior to the U.S. Derivative Work Right TABLE OF CONTENTS I. History of the Derivative Work Right in Anglo- American Copyright ................................... 849 A. Anglo-American Copyright During the Eighteenth and Nineteenth Centuries ......................... 850 B. Derivative Works in Twentieth Century U.S. Copyright ......................................... 856 1. The 1909 Copyright Act........................ 856 2. From 1909 to 1976 ............................ 858 a. Motion Pictures ............................ 860 b. Radio Broadcasting ........................ 862 c. Cable Television ........................... 865 3. The Copyright Act 1976........................ 866 C. Derivative Works in Twentieth Century U.K. Copyright ......................................... 868 1. The 1911 Act and the Gramophone Case ....... 869 2. The Copyright Act 1956 and the Copyright, Designs, and Patents Act 1988 ................. 871 D. Summary ......................................... 874 II. Modern Doctrine of the Derivative Work Right in Anglo- American Copyright ................................... 874 A. The Right of Reproduction ........................ -
US Copyright Law After GATT
Loyola of Los Angeles Entertainment Law Review Volume 16 Number 1 Article 1 6-1-1995 U.S. Copyright Law After GATT: Why a New Chapter Eleven Means Bankruptcy fo Bootleggers Jerry D. Brown Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Jerry D. Brown, U.S. Copyright Law After GATT: Why a New Chapter Eleven Means Bankruptcy fo Bootleggers, 16 Loy. L.A. Ent. L. Rev. 1 (1995). Available at: https://digitalcommons.lmu.edu/elr/vol16/iss1/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. ARTICLES U.S. COPYRIGHT LAW AFTER GATT: WHY A NEW CHAPTER ELEVEN MEANS BANKRUPTCY FOR BOOTLEGGERS Jerry D. Brown* "I am a bootlegger; bootleggin' ain't no good no more." -Blind Teddy Darby' I. INTRODUCTION On December 8, 1994, President Clinton signed into law House Bill 5110, the GATT (General Agreement on Tariffs and Trade) Implementation Act of 1994 . By passing the GATT Implementation Act before the end of 1994, the United States joined 123 countries in forming the World Trade Organization ("WTO"). The WTO is a multilateral trade organization established by GATT 1994, wherein member countries consent to minimum standards of rights, protection and trade regulation. Complying with these standards required the United States to amend existing law in several areas concerning trade and commerce, including areas that regulate intellectual property rights.' * B.A., University of Oklahoma, 1992; J.D., Oklahoma City University School of Law, 1995. -
Fandom And/As Labor, No. 15 (March 15, 2014)
Transformative Works and Cultures, special issue: Fandom and/as labor, No. 15 (March 15, 2014) Editorial Mel Stanfill & Megan Condis, Fandom and/as labor Praxis Bethan Jones, Fifty shades of exploitation: Fan labor and Fifty Shades of Grey Robert Moses Peaslee, Jessica El-Khoury, Ashley Liles, The media festival volunteer: Connecting online and on-ground fan labor Christina Savage, Chuck versus the ratings: Savvy fans and "save our show" campaigns Giacomo Poderi & David James Hakken, Modding a free and open source software video game: "Play testing is hard work" Bertha Chin, Sherlockology and Galactica.tv: Fan sites as gifts or exploited labor? Rose Helens-Hart, Promoting fan labor and "all things Web": A case study of Tosh.0 Matthias Stork, The cultural economics of performance space: Negotiating fan, labor, and marketing practice in Glee’s transmedia geography Symposium Tisha Turk, Fan work: Labor, worth, and participation in fandom's gift economy Joly MacFie, Better Badges: Image as virus Interview Bertha Chin, Bethan Jones, Myles McNutt, & Luke Pebler, Veronica Mars Kickstarter and crowd funding Review Stephanie Anne Brown, Digital labor: The Internet as playground and factory, edited by Trebor Scholz Simone D. Becque, Cognitive capitalism, education, and digital labor, edited by Michael A. Peters and Ergin Bulut Anne Kustritz, Gaga feminism: Sex, gender, and the end of normal, by J. Jack Halberstam Transformative Works and Cultures (TWC), ISSN 1941-2258, is an online-only Gold Open Access publication of the nonprofit Organization for Transformative Works. TWC is licensed under the Creative Commons Attribution-Noncommercial 3.0 Unported License. Download date: March 15, 2017. -
Copyright Problems in Post-Modern Art
DePaul Journal of Art, Technology & Intellectual Property Law Volume 5 Issue 1 Winter 1994/Spring 1995 Article 5 Copyright Problems in Post-Modern Art Lori Petruzzelli Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Lori Petruzzelli, Copyright Problems in Post-Modern Art, 5 DePaul J. Art, Tech. & Intell. Prop. L. 115 (1995) Available at: https://via.library.depaul.edu/jatip/vol5/iss1/5 This Case Notes and Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Petruzzelli: Copyright Problems in Post-Modern Art COPYRIGHT PROBLEMS IN POST-MODERN ART Lori Petruzzellr I. INTRODUCTION Copyright law establishes a framework to protect artistic creation by providing a system of economic incentives. By granting an artist property rights in her work, the Copyright Act fosters the production of a wide array of creative works from many different genres.' To this end, the Copyright Act does not define art, rather it draws lines and sets forth flexible categories of works which are eligible for protection. There are no qualitative tests, simply a low threshold of origi- nality and a requirement that the work be an expression, not an idea.2 Even with this broad framework and flexible approach, the Copyright Act fails to extend protection to many movements within post-modem art. Post-modemism rebels against the traditional norms of originality, ownership, and expression that define copyright protection.