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Fan Fiction vs. Copyright - Q&A with Rebecca Tushnet

Fri, 20 Jul 2012 00:00:00 EDT

"It takes a big studio to make The Avengers, but it doesn't necessarily take a big studio to write a piece of Avengers fan fiction," says Georgetown University law professor and fan fiction advocate Rebecca Tushnet. "Big content companies largely recognize that fan activities are really good for them because they engage people."

The growing popularity of fan fiction, a genre in which fans create their own stories featuring characters or settings from their favorite works of popular culture, raises thorny copyright issues. "Given how broad copyright is now, it's now possible to say fan fiction is an infringing derivative work," Tushnet explains. "In order to deal with that...we now talk about fair use, which allows people to make fair, limited uses of works without permission from the copyright owner."

As a member of the Organization for Transformative Works, Tushnet works to defend fan fiction creators caught in the legal debate between protected intellectual property and fair use.

Nick Gillespie sat down with Tushnet to discuss copyright law, fan fiction, and why media companies should embrace fan-created works.

Approximately 7.34 minutes.

Interview by Nick Gillespie. Camera by Meredith Bragg and Joshua Swain. Editing by Swain.

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Too Much Copyright

Thu, 19 Apr 2012 00:00:00 EDT

"This disconnect between the public's view of copyright and fair use and what should and should not be prosecuted, versus the 'copyright maximist' view of the law, is our generation's Prohibition," says Ben Huh, CEO and founder of Cheezburger and a loud voice in the recent backlash to SOPA and PIPA, two congressional bills aimed at curbing internet piracy.

Copyright exists to “promote the useful arts” according to the Constitution. But is it still doing that? And should the government protect so-called “intellectual property” in the same way it protects other forms of property? Reason.tv posed these questions to Ben Huh, as well as a professor and a movie studio representative.

Tom Bell, a law professor specializing in property law, has serious reservations about attempts by groups like the Motion Picture Association of America (MPAA) to equate property and copyright through ad campaigns admonishing viewers with messages like, "You wouldn't steal a car. Downloading pirated movies is stealing."

"As soon as we start using [the word] 'copyright' for 'property,' we start taking less seriously our property rights for things like cars and houses," says Bell. "When you steal a candy bar or a car, you've left somebody without something to eat or something to drive."

But the MPAA's head content protection counsel, Ben Sheffner, thinks that piracy is a major problem that needs to be stopped.

"If this kind of piracy is allowed to run rampant, it'll deprive the public of the next great film," says Sheffner.

So, if the purpose of copyright is to incentivize the creation of artistic works, is it still doing its job? The data points to today's copyright regime doing little more than enriching the corporations with the strongest lobbyists.

"Is there a market failure in the production and dissemination of expressive works?" asks Bell. "I don't there's any risk that we're going to run out of songs, or books, or movies, or software any time soon."

While the MPAA and other entertainment industry trade groups have bemoaned the effects of rampant internet piracy on creative output, the numbers tell a different story. Research shows more music and books produced than ever before between 2005 to 2010, production of feature films growing by a factor of more than 4 in 14 years, and the number of video game companies exploding by a factor of 18 in the span of three years.

Still, the MPAA stands behind Chairman Chris Dodd's statement, made in the heat of the SOPA battle, that the U.S. could look to China's site-blocking laws as a positive example of anti-piracy regulation.

"If site blocking broke the internet, the internet would've been broken a long time ago," says Sheffner. "There's ways to implement these narrowly tailored remedies that really cut off these 'worst of the worst' web sites."

Written and produced by Zach Weissmueller. Camera by Tracy Oppenheimer and Weissmueller. "The Day the LOLcats died" written and performed by LaughPong. Additional music:"Thomas Kinkade Pays His Respects to Walt Disney" by Der Christer Schytts; "Twinklebox" by Ephemetry; "Betty Boop" by Ergo Phizmiz; "Frog Legs Rag Tag" by James Scott; "Mickey Impression" by thehottestguy23.

Approximately nine minutes.

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Virginia Postrel on Oscar Glamour, Chris Christie, and Whether J.Lo Could be Obama's Mentor

Fri, 25 Feb 2011 09:00:00 EST

"We know way too much about Bill Clinton," and that's why—as charismatic as he may be—the former president just isn't glamorous. So says Virginia Postrel, Editor-in-chief of DeepGlamour.net and columnist for The Wall Street Journal.

Postrel, formerly the editor of Reason, sat down with Reason.tv's Ted Balaker to discuss Oscar glamour, the ascent of New Jersey Gov. Chris Christie, and whether J. Lo could be President Obama's glamour mentor. (This Saturday check out Postrel's column for more on Oscar-style glamour.)

Shot by Hawk Jensen, Zach Weissmueller and Paul Detrick. Edited by Detrick.

Run time approximately 10 minutes.

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3 Reasons YouTube Shouldn't Censor Downfall Parodies

Wed, 05 May 2010 07:00:00 EDT

The video sharing site YouTube.com recently started blocking access to countless parodies of the 2004 German movie Downfall, a critically acclaimed film that chronicles Adolf Hitler's final days in a Berlin bunker.

The parodies take off from a powerful monologue by the great actor Bruno Ganz and the original joke version had Hitler being banned from XBox Live for bad behavior. Other examples feature Hitler trying to score Miley Cyrus concert tickets, counseling Conan O'Brien after losing a late-night slot to Jay Leno, and much more.

It's understandable why Downfall's production company, Constantin Film, might be upset that such a serious movie is being burlesqued, but pushing YouTube to ban the parodies is a terrible idea for at least three reasons:

1. It's fair use! The parodies, which transform a few minutes of a three-hour movie, are clearly legit under existing copyright laws. Because they clearly transform the original and have no possibility of confusing viewers, the parodies are clearly protected speech.

2. This is free promotion! As George Lucas could tell the filmmakers, fan-generated videos help keep the original source material vital and relevant. Lucas used to try to police all Star Wars knock-offs, until he realized that his audience was promoting his films more effectively than he ever could. More people have surely seen Downfall due to the popularity of the parodies.

3. Let's keep the Internet creative! The greatest cultural development over the past 20 or so years has been technologies that allow producers and consumers to create and enjoy an ever-increasing array of creative expression in an ever-increasing array of circumstances. This development is nowhere more powerful than on the Internet, which has unleashed a whole new universe of writing, music, video, and more. Indeed, YouTube is itself one of the great conduits of cyberspace. Pulling down the Downfall parodies may be within YouTube's rights, but it nonetheless strikes a blow to the heart of what is totally awesome about the Internet.

"3 Reason YouTube Shouldn't Censor Downfall Parodies" is written and produced by Meredith Bragg and Nick Gillespie, who also hosts.

Approximately 2:49 minutes. Scroll down for iPod, HD, and audio versions. Subscribe to Reason.tv's YouTube channel for automatic notification when new material goes live.

The Reason.tv Talk Show, Episode 16

Tue, 28 Apr 2009 13:30:00 EDT

Reason.tv's Michael C. Moynihan and Nick Gillespie sit down with Peter Leeson, author of The Invisible Hook: The Hidden Economics of Pirates, and David Post, author of In Search of Jefferson's Moose: Notes on the State of Cyberspace, to discuss social contracts amongst pirates, Internet piracy, and whether or not 17th century pirates actually said "shiver me timbers."

Approximately 25 minutes.

For an audio podcast version, go here . For an archive of all Reason.tv Talk Shows, go here. Watch Nick Gillespie's interview with Peter Leeson here, and his interview with David Post here .

Stalking Jefferson's Moose and Taking Notes on the State of Cyberspace

Wed, 22 Apr 2009 15:00:00 EDT

Reason contributor David Post teaches cyberlaw at Temple University and blogs at the Volokh Conspiracy. Long recognized as one of the most original thinkers about the Internet and digital culture, he is the author of the widely acclaimed new book In Search of Jefferson's Moose: Notes on the State of Cyberspace.

Post recently sat down with Reason.tv's Nick Gillespie to talk about the cutting edge in intellectual property, constitutional history, what the Internet tells us about the economic crisis, and much more.

Shot by Dan Hayes and Meredith Bragg and edited by Roger Richards. Approximately nine minutes.

For an audio podcast, go here.