This new 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 a short discussion of computer-generated works as a form of original creation.
Chapter
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.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter deals with the exceptions that a person may invoke in defence when sued for copyright infringement. Most of these exceptions are referred to as ‘permitted acts’ in Chapter III of Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The chapter begins by introducing six concepts that feature in many of the exceptions set out in the CDPA 1988: fair dealing, non-commercial use and not-for-profit users, lawful use, sufficient acknowledgement, relationship with contract, and dealings with copies made under exceptions. It then discusses the exceptions relating to non-commercial research or private study; text and data analysis; criticism or review; quotation and parody; disclosure in the public interest; uses of works for people with disabilities; public administration; databases, computer programs, and electronic programs; and artistic works and broadcasts.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter deals with the exceptions that a person may invoke in defence when sued for copyright infringement. Most of these exceptions are referred to as ‘permitted acts’ in Chapter III of Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The chapter begins by introducing six concepts that feature in many of the exceptions set out in the CDPA 1988: fair dealing, non-commercial use and not-for-profit users, lawful use, sufficient acknowledgment, relationship with contract, and dealings with copies made under exceptions. It then cites exceptions relating to personal copying for private use; non-commercial research or private study; text and data analysis; criticism or review; disclosure in the public interest; uses of works for people with disabilities; public administration; databases, computer programs, and electronic programs; and artistic works and broadcasts. A section on miscellaneous defences concludes the chapter.
