Fan Wars: Copyright vs. Mash-ups and Fan Fiction
Many mash-up artists seem unaware that their work implicates any rights at all, and copyright owners may be reluctant to alienate fans with copyright restrictions. Artists such as Girl Talk remain outspoken against copyright restrictions on mash-up culture. Individual copyright owners, such as the owners of Star Wars, have adopted terms of use for mash-ups.
Is fan and other mash-up activity important to enrich our culture? Are existing allowances for fair use adequate? Should mash-up artists and fan fiction publishers have any right (legal or moral) to complain when others copy and redistribute their work? What is a copyright owner or licensee to do when it has contractual obligations to third parties in connection with their contributions? How should these issues be resolved?
The panelists: Professor Sonia Katyal of Fordham Law School, Professor Shaka McGlotten of Purchase College, Martin Schwimmer (Partner, Moses & Singer), and me! The moderator is Jay Kogan (DC Comics and MAD Magazine).
February 24th, 2010
12:00 p.m.-12:30 p.m.: Cocktails (cash bar)
12:30 p.m.-1:00 p.m.: Lunch
1:00 p.m.-2:00 p.m.: Program
The Princeton Club, 15 West 43rd Street, New York, NY
Cost: $65.00 (members) $75.00 (non-members)
SPEAKERS (besides me):
SONIA KATYAL is a Professor of Intellectual Property, Property and Civil Rights Law at Fordham Law School. Her work focuses on intellectual property, civil rights, and new media, with a special focus on art and freedom of expression. Katyal was awarded a grant from the Warhol Foundation for her book, Contrabrand, which studies the relationship between art, advertising and intellectual property. Her new book, Property Outlaws, (co-authored with Eduardo M. Penalver), which studies the role of civil disobedience in property and technology, was just published from Yale University Press, and her work on fan fiction focuses on how copyright affects the representation of gender and sexuality. Her scholarly work has appeared in prominent legal publications, including the Texas Law Review, the University of Pennsylvania Law Review, the UCLA Law Review, and the Yale Law Journal. She received her A.B. from Brown University and her J.D. from the University of Chicago Law School.
SHAKA MCGLOTTEN is an Assistant Professor of Media, Society, and the Arts at Purchase College, where he teaches courses on media, ethnography, and digital culture. His research focuses on the intersections of media technologies with categories of gender, sexuality, and race in particular. He also works in what might be broadly called “affect studies,” or the study of the ways feelings are central to our individually lived and shared social experiences. He is currently at work on a manuscript that explores these themes. “Virtual Intimacies: Media Cultures and Queer Sociality” examines a range of media sites DIY porn, online gaming, gay chatrooms to examine the mutual intensification between digital media culture and the creativity of queer sociality.
MARTIN SCHWIMMER is a partner in the New York law firm of Moses & Singer, practicing trademark and copyright law. He publishes The Trademark Blog, the nation’s oldest blog devoted to IP law. He is a fan of the Mets, the Jets, Arsenal, Lost, Fringe and Arrested Development. He has all of Girltalk’s albums.
MODERATOR:
JAY KOGAN is Vice President Business & Legal Affairs and Deputy General Counsel for “DC Comics” and “MAD Magazine”, where he serves as the companies chief intellectual property counsel. Jay is also an adjunct professor at New York Law School, where he teaches Intellectual Property Licensing and Drafting. Jay received his J.D. and Masters Degree in Mass Media in a dual degree program at Boston University School of Law and his Bachelor of Arts from the University of Connecticut.
Sponsored by the Copyright Society Of America