{"id":4632,"date":"2013-10-16T09:31:15","date_gmt":"2013-10-16T13:31:15","guid":{"rendered":"http:\/\/www.theleemsmachine.com\/bean\/?p=4632"},"modified":"2013-10-14T09:38:31","modified_gmt":"2013-10-14T13:38:31","slug":"fan-fiction-and-copyright-by-aaron-schwabach","status":"publish","type":"post","link":"https:\/\/theleemsmachine.com\/bean\/blog\/2013\/10\/16\/fan-fiction-and-copyright-by-aaron-schwabach\/","title":{"rendered":"Fan Fiction and Copyright by Aaron Schwabach"},"content":{"rendered":"

I have just finished reading through Fan Fiction and Copyright : Outsider Works and Intellectual Property Protection <\/em>by Aaron Schwabach, and since I can’t stop mentioning it to friends I run into and have lunch with, I’m going to mention it to you too.<\/p>\n

You might think that an examination of fan fiction’s use of another’s intellectual property under copyright law might be a little dry and laborious.\u00a0 You might even think that such a work by a law professor would be like returning to school during the days of your most intense burn-out.\u00a0 You would be wrong.\u00a0 Not only does Schwabach present a work that bridges the gap between legal expertise and a layman’s understanding of extremely complex laws, to which the review in the Times Higher Education<\/a> points as the book’s strength, he also convinces you that he has read all the Harry Potter books, seen the movies, and all the Lord of the Rings as well.\u00a0 In fact, his voice in the book comes across as that of a fan and intellectual consumer, not a wholly impartial observer. \u00a0 In a book with heavy treatment of fan communities and the way they celebrate their appreciation of a creative work, and one that attempts to reach those same fans with information relevant to their activities, this is extremely important.<\/p>\n

Though I am sure that legal study introduces one to several interesting pieces of information, it is a way of studying human history, I am loathe to attribute Schwabach’s mention of London exclusive societies, ancient greek poetry, Mozart, WWII history, and ballet to his legal study alone.\u00a0 I could almost not contain my nerdgasm* when he pointed out that in the Dark Night<\/em> the Batmobile does lose a wheel and the Joker does get away as is described in\u00a0“Jingle Bells, Batman Smells.”<\/p>\n

Schwabach’s breadth of knowledge is impressive.\u00a0 He comes across as someone who would be a joy to talk with over dinner because he, for the most part, relates various tidbits of information with clear indication of his feelings and opinions of the thing itself, more evidence that he didn’t simply read up on the material as one would study for a research paper.\u00a0 All of this and very pointed and specific examination of legal precedent that builds the structure within which fans write their tribute to the characters and the worlds of the author’s they admire makes Fan Fiction and Copyright<\/em> the best nonfiction I have read all year.<\/p>\n

*when I say nerdgasm I refer to the excitement generated when one’s concentrated devotion to a medium allows one to understand a connection between two seemingly unconnected ideas.\u00a0 I do not mean nerdgasm as it is defined by the Urban dictionary.
\n<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

I have just finished reading through Fan Fiction and Copyright : Outsider Works and Intellectual Property Protection by Aaron Schwabach, and since I can’t stop mentioning it to friends I run into and have lunch with, I’m going to mention it to you too. You might think that an examination of fan fiction’s use of… Continue reading Fan Fiction and Copyright by Aaron Schwabach<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[33],"tags":[185],"class_list":["post-4632","post","type-post","status-publish","format-standard","hentry","category-blog","tag-reading"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":7399,"url":"https:\/\/theleemsmachine.com\/bean\/blog\/2016\/10\/24\/what-if-copyright-did-actually-balance-the-needs-of-the-creator-and-the-user\/","url_meta":{"origin":4632,"position":0},"title":"What if copyright did actually balance the needs of the creator and the user?","author":"leems","date":"October 24, 2016","format":false,"excerpt":"An article on Tofugu (Japanese pop culture blog) about Doujinshi Culture has a fascinating description of a copyright system that truly balances the needs of both creator and user:\u00a0 Japan\u2019s Doujinshi Culture Of Creativity Through Theft And The Monster Trying To Destroy It by Rich and Michael Richey \u2022 Art\u2026","rel":"","context":"In "Blog"","block_context":{"text":"Blog","link":"https:\/\/theleemsmachine.com\/bean\/blog\/category\/blog\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7150,"url":"https:\/\/theleemsmachine.com\/bean\/blog\/2019\/05\/15\/ramblings-on-copyright\/","url_meta":{"origin":4632,"position":1},"title":"ramblings on copyright","author":"leems","date":"May 15, 2019","format":false,"excerpt":"In addition to my developing obsession with finding author voices relating to developments in copyright law, I have been searching every resource I can find to figure out interesting ways of communicating to students and faculty on campus about copyright.\u00a0 The most hilarious resource might be the most obvious:\u00a0 the\u2026","rel":"","context":"In "Blog"","block_context":{"text":"Blog","link":"https:\/\/theleemsmachine.com\/bean\/blog\/category\/blog\/"},"img":{"alt_text":"IMG_20160312_121217","src":"https:\/\/i0.wp.com\/www.theleemsmachine.com\/bean\/wp-content\/uploads\/2016\/05\/IMG_20160312_121217-242x400.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":4225,"url":"https:\/\/theleemsmachine.com\/bean\/blog\/2013\/07\/30\/congressional-copyright-hearings\/","url_meta":{"origin":4632,"position":2},"title":"Congressional Copyright Hearings","author":"leems","date":"July 30, 2013","format":false,"excerpt":"Congress is finally reviewing copyright as it stands in the USA.\u00a0 But, according to the latest news, they are not including creators in the process.\u00a0 Oh, they're involving copyright holders, yes.\u00a0 The ginormous companies that have inherited, bought, or had signed over the copyright to thousands upon thousands of creative\u2026","rel":"","context":"In "Blog"","block_context":{"text":"Blog","link":"https:\/\/theleemsmachine.com\/bean\/blog\/category\/blog\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7961,"url":"https:\/\/theleemsmachine.com\/bean\/blog\/2018\/09\/05\/fan-fail-apologies-to-mr-twain\/","url_meta":{"origin":4632,"position":3},"title":"Fan Fail, apologies to Mr. Twain","author":"leems","date":"September 5, 2018","format":false,"excerpt":"I thought that I was a fan of Mark Twain's work, though I would usually specify that I enjoyed his essays and sketches more than the novels he is typically known for.\u00a0 I have to admit, I am not a very good fan, perhaps of anything, because it never occurred\u2026","rel":"","context":"In "Blog"","block_context":{"text":"Blog","link":"https:\/\/theleemsmachine.com\/bean\/blog\/category\/blog\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.theleemsmachine.com\/bean\/wp-content\/uploads\/2018\/04\/snip-HannibalJournal18520916-318x600.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":7703,"url":"https:\/\/theleemsmachine.com\/bean\/blog\/2017\/08\/02\/john-philip-sousa-and-the-fifth-string\/","url_meta":{"origin":4632,"position":4},"title":"John Philip Sousa and the Fifth String","author":"leems","date":"August 2, 2017","format":false,"excerpt":"In my quest for author voices I found that John Philip Sousa, great conductor and composer, had also penned an impassioned and oddly prophetic argument about phonograph music as a copyright infringement and a harbinger of the death of amateur music. Looking further, hoping to find more comments on copyright,\u2026","rel":"","context":"In "Blog"","block_context":{"text":"Blog","link":"https:\/\/theleemsmachine.com\/bean\/blog\/category\/blog\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.theleemsmachine.com\/bean\/wp-content\/uploads\/2017\/08\/JohnPhilipSousa-Chickering.LOC_-416x600.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":7310,"url":"https:\/\/theleemsmachine.com\/bean\/blog\/2016\/07\/25\/a-little-obsession-with-author-voices\/","url_meta":{"origin":4632,"position":5},"title":"a little obsession with author voices","author":"leems","date":"July 25, 2016","format":false,"excerpt":"Before copyright law there were poets and playwrights who bemoaned the theft of their work and words by others while at the same time they stole words to build their poems and plays.\u00a0 Plagiarism was rampant, though, the act of literary theft was only just termed plagiarism, by one poet's\u2026","rel":"","context":"In "Blog"","block_context":{"text":"Blog","link":"https:\/\/theleemsmachine.com\/bean\/blog\/category\/blog\/"},"img":{"alt_text":"copyrightfistfight","src":"https:\/\/i0.wp.com\/www.theleemsmachine.com\/bean\/wp-content\/uploads\/2016\/07\/copyrightfistfight-491x600.png?resize=350%2C200","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/posts\/4632","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/comments?post=4632"}],"version-history":[{"count":3,"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/posts\/4632\/revisions"}],"predecessor-version":[{"id":4645,"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/posts\/4632\/revisions\/4645"}],"wp:attachment":[{"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/media?parent=4632"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/categories?post=4632"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/theleemsmachine.com\/bean\/wp-json\/wp\/v2\/tags?post=4632"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}