Technology & Marketing Law Blog

MAY 30, 2022

Fanworks seek to create something pleasurable—and sometimes profitable—that exploits’ fans love for the universe and its characters but risk trademark and copyright liability in the process.

Blogging 104

Blogging Social Media Television Fair Use 104

43(B)log

AUGUST 3, 2023

A teenager who sells a fanwork based on a tentpole movie feels different than a movie studio that creates a tentpole movie from her short story. The other side: privileged players are more likely to prevail in fair use litigation and courts are more likely to recognize transformative merit of famous or popular user.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

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FEBRUARY 22, 2022

Organization for Transformative Works, Rebecca Tushnet: The Organization for Transformative Works (“OTW”) is a nonprofit established to protect and defend fans and fanworks from commercial exploitation and legal challenge. Encourage CO to think carefully about smaller nonprofit and educational uses.

Copyright 45

Copyright Fair Use Music Licensing 45

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FEBRUARY 3, 2024

Fanworks is a good example where fair use is important. A distinct set of works. Librarians/archivists/educators as representing a broad social sector? A: not arguing that © should never be at the seam, or noninfringement never part of the discussion. But even there, thinks about rights of access.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

APRIL 7, 2023

The nonprofit I work with, the Organization for Transformative Works (“OTW”) was established in 2007 to protect and defend fans and fanworks from commercial exploitation and legal challenge.

Art 64

Art Licensing Design Designs 64