Fan Fiction and Copyright: Outsider Works and Intellectual Property Protection

Ashgate Publishing, Ltd.
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As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners’ intellectual property rights.

Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed.

Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a “safe harbor” for fan fiction.

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About the author

Aaron Schwabach is Professor of Law at the Thomas Jefferson School of Law, where he teaches subjects including internet law. His previous books include Intellectual Property: A Reference Handbook (ABC-CLIO, 2007) and Internet and the Law: Technology, Society, and Compromises (ABC-CLIO, 2005).

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Additional Information

Publisher
Ashgate Publishing, Ltd.
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Published on
Feb 28, 2013
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Pages
184
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ISBN
9781409497639
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Language
English
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Genres
Law / Intellectual Property / General
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Content Protection
This content is DRM protected.
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The Nature of Sympathy explores, at different levels, the social emotions of fellow-feeling, the sense of identity, love and hatred, and traces their relationship to one another and to the values with which they are associated. Scheler criticizes other writers, from Adam Smith to Freud, who have argued that the sympathetic emotions derive from self-interested feelings or instincts. He reviews the evaluations of love and sympathy current in different historical periods and in different social and religious environments, and concludes by outlining a theory of fellow-feeling as the primary source of our knowledge of one another.

A prolific writer and a stimulating thinker, Max Scheler ranks second only to Husserl as a leading member of the German phenomenological school. Scheler's work lies mostly in the fields of ethics, politics, sociology, and religion. He looked to the emotions, believing them capable, in their own quality, of revealing the nature of the objects, and more especially the values, to which they are in principle directed.

"Scheler's book is in many ways important and great. The questions raised and the method followed are important: modern British thought with its crude use and abuse of the "emotive theory" could do well with a systematic study of the emotions which might show them up as complex intentional structures, and which might rely as much on the phenomenological insights of a Scheler, as on the behaviouristic flair of Gilbert Ryle."--J.N. Findlay, Mind

Max Scheler (1874-1928) was a professor of philosophy and sociology at the University of Cologne and was best known for his work in phenomenology, ethics, and philosophical anthropology.

Peter Heath (1920-2002) was a professor of philosophy at the University of Virginia and was former president of the Lewis Carroll Society of North America.

Werner Stark (1910-1985) was professor of sociology at Fordham University. He is recognized for his work in sociology of religion, social theory, and sociology of knowledge.

Graham McAleer is professor of philosophy and co-chair of the Catholic Social Thought Committee at Loyola College in Maryland.

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