Fan-created works in general are broadly available to people at the click of a link. Fan fiction hasn’t been the subject of any litigation, but it plays an increasing role in literacy as its creation and consumption has skyrocketed. Practice on the ground can matter as much as cases in the courts, and the explosion of noncommercial creativity is a big part of the fair use ecosystem. This presentation will include many ways in which creativity has impacted the varied ways in which courts have been interpreting fair use, from Google books, to putting a mayor’s face on a T-shirt, to copying a competitor’s ad for a competing ad. Legal scholar and counsel to the Organization for Transformative Works, Rebecca Tushnet will enlighten us. Should be a blast!
Rebecca Tushnet clerked for Chief Judge Edward R. Becker of the Third Circuit Court of Appeals in Philadelphia and Associate Justice David H. Souter of the United States Supreme Court and spent two years as an associate at Debevoise & Plimpton in Washington, DC, specializing in intellectual property. After two years at the NYU School of Law, she moved to Georgetown, where she teaches intellectual property, advertising law, and First Amendment law.
Her work currently focuses on the relationship between the First Amendment and false advertising law. She has advised and represented several fan fiction websites in disputes with copyright and trademark owners. She serves as a member of the legal team of the Organization for Transformative Works, a nonprofit dedicated to supporting and promoting fanworks, and is also an expert on the law of engagement rings.
Note that the webinar is limited to 100 seats so watch with colleagues if possible. An archived copy will be available after the webinar.
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