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Information Technology LawThe Law and Society

Information Technology Law: The Law and Society (5th edn)

Andrew Murray
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date: 25 April 2024

p. 25910. Digital creativity and copyright lawlocked

p. 25910. Digital creativity and copyright lawlocked

  • Andrew Murray


This chapter examines the sometimes fraught relationship between authors, publishers and distributors, and fans. While copyright law protects authors and creators, and while publishers and distributors benefit from either assigned copyright or specific copyright protection of distribution and transmission of content, fans are sometimes ‘shut out’. A flourishing online community of fan creators who produce written fanfiction, remixed music, and fan videos sometimes feel copyright law is designed to keep them at a distance from the creators and characters they love. This chapter examines where the balance should be drawn between copyright protection for original content and the interests of fans and other users in creating non-commercial derivative works. It concludes with an expanded discussion of AI generated works as a form of original creation and AI infringement.

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