Judges as Bad Reviewers: Fair Use and Epistemological Humility

The future of fair use depends on whether judges act like bad reviewers, or whether they behave differently in interpreting challenged works than they do in almost every other aspect of judging. Ordinarily, judges are asked to produce definitive answers about the meanings of texts. But when it comes to literary judgments, the bad reviewer is the one who insists that a work has only one meaning, and announces the bottom line as if it were an absolute. A good reviewer explains the sources of her judgment, making room for other interpretations. This is also what is necessary to a good fair use analysis. Unfortunately, copyright fair use cases rarely acknowledge multiplicity of meaning. Through discussion of fan-made music videos, this short commentary shows how transformative uses routinely invite multiple interpretations, just as ‘‘original’’ works do. As a result, a fair use analysis that insists on reducing works to single meanings will predictably fail in the aim of protecting transformative works that add new meanings or messages. The proper approach is epistemological humility: when reasonable audience members could discern commentary on the original work, a court should find transformation, even when other reasonable audience members could disagree

Reconfiguring the twenty first-century reader : an analysis of interpretation and performance

This article discusses how contemporary technological trends and new media have reconfigured the reader into a multiplicity of roles, suggesting that a number of dualisms formerly associated with the act of reading are no longer valid. Notions of writing and reading, creation and interpretation have been adapted to new convergence models of textual production and reception, and whilst 'story' remains translatable across media, in the process of multiplatforming, various narrative techniques are used to create different levels of engagement with the text at each stage. The promise of the reader's much-celebrated creative authority at the turn of the century is problematised here through a discussion of distributed aesthetics and tele-theories of representation. Taking the fantasy genre as a case study, the contemporary influence of cultish trends, together with the effect of cybernetic communication dynamics on traditional genre stylistics and the fulfilment of narrative meaning, will be analysed as essential considerations in establishing which aspects of the traditional reader are translatable to a future that seems increasingly dependent on connectivity, interactivity and speed. The article will argue that, in a number of instances, the contemporary cultural scenario suggests that fulfilment of meaning is often successfully executed through strategies previously associated with the performative rather than the literary text, and will conclude that specific technological developments are responsible for this adaptation.peer-reviewe

Legal Fictions: Copyright, Fan Fiction, and a New Common Law

A girl owns a number of Barbie dolls. She makes outfits for them and constructs elaborate scenarios in which they play starring roles. She enacts her dramas in her front yard, where passers-by can easily see. Does she violate the law? What if the girl writes down her stories starring Barbie? What happens when she lets her friends read them? What if she e-mails those stories to a Barbie mailing list? What if she posts those stories and a picture of Barbie in her new outfit on her Web page? Copyright law has long been a concern more for corporations than for ordinary citizens. However, with new technologies that allow individuals to produce and distribute information easily, however, copyright law is becoming increasingly relevant to common activities. Much has been written about the problems created by the easy reproduction of copyrighted documents and by the poor fit between law and technology that makes every person who browses the World Wide Web ( the Web ) a likely lawbreaker. This Article goes beyond the debate over pure copying to analyze the implications of creative work-now widely accessible via the Internet-that draw on copyrighted elements of popular culture

Girls and the Media: Girlhood Studies Agenda and Prospects in Italy

Within the Italian context, girlhood studies can hardly be considered a specific field: adolescence and gender construction in Italy have historically been investigated by sociology and psychology, although, in recent years, media studies have also focused on youth media consumption as a cultural process in the broader sense, investigating the relevance of the media in the identity-building process. Actually, the lack of a definition of girlhood studies as such did not prevent Italian research from providing theoretical contributions and significant research on girlhood, mostly in the fields of reception studies, audience studies and textual analysis. On these premises, the article aims at discussing the relationships between girlhood and the media nowadays, keeping in mind firstly the recent transformations in media consumption within the networked society; secondly the coexistence of contradictory representations of girlhood in both the local and the global and the way it is assembled in the young audience discourse; and thirdly the phenomenon of identity co-creation in creative fandom practices.Within the Italian context, girlhood studies can hardly be considered a specific field: adolescence and gender construction in Italy have historically been investigated by sociology and psychology, although, in recent years, media studies have also focused on youth media consumption as a cultural process in the broader sense, investigating the relevance of the media in the identity-building process. Actually, the lack of a definition of girlhood studies as such did not prevent Italian research from providing theoretical contributions and significant research on girlhood, mostly in the fields of reception studies, audience studies and textual analysis. On these premises, the article aims at discussing the relationships between girlhood and the media nowadays, keeping in mind firstly the recent transformations in media consumption within the networked society; secondly the coexistence of contradictory representations of girlhood in both the local and the global and the way it is assembled in the young audience discourse; and thirdly the phenomenon of identity co-creation in creative fandom practices

Theorizing Audience and Spectatorial Agency

This chapter analyses Georgian audiences and spectatorial agency through several lenses: psychoanalytic film theory, theories of the public sphere and of mass publicity, and media studies of cultural convergence. The first section reads Georgian theatre’s heterogeneous playbills as a syntactical rendering of the audience, the imaginary community of the nation in process of negotiation. The second section shows theatrical paratexts blurring the boundary between theatre and coffee house, creating a theatrical public sphere in which the audience exercises daily public agency in saving or damning the play. The third section highlights the mingling of vulnerability and charisma in the celebrity prologue-speaker, a figure who both judges and entrances the audience while also embodying actors’ exposure to possible audience wrath. The final section looks at the theatres’ encouragement of spouting clubs as a means of channelling spectatorial agency

Spectacular narratives: Twister, independence day, and frontier mythology

Big-screen spectacle has become increasingly important to Hollywood in recent decades. It formed a central part of a post-war strategy aimed at tempting lost audiences back to the cinema in the face of demographic changes and the development of television and other domestic leisure activities. More recently, in an age in which the big Hollywood studios have become parts of giant conglomerates, the prevalence of spectacle and special effects has been boosted by a demand to engineer products that can be further exploited in multimedia forms such as computer games and theme-park rides, secondary outlets that can sometimes generate more profits than the films on which they are based. These and other developments have led some commentators to announce, or predict, the imminent demise of narrative as a central component of Hollywood cinema. But the case has been considerably overstated. Narrative is far from being eclipsed, even in the most spectacular and effects-oriented of today’s blockbuster attractions. These films still tend to tell reasonably coherent stories, even if they may sometimes be looser and less well integrated than classical models. More important for my argument, contemporary spectaculars also continue to manifest the kinds of underlying thematic oppositions and reconciliations associated with a broadly ‘structuralist’ analysis of narrative. This very important dimension of narrative has been largely ignored by those who identify, celebrate or more often bemoan a weakening of plot or character development in many spectacular features

Fan Films and Fanworks in the Age of Social Media: How Copyright Owners Are Relying on Private Ordering to Avoid Angering Fans

Fandoms active in creating “fanworks” are increasingly able to leverage social media to coordinate and respond to owners of large media franchises who attempt to limit the creation and distribution of fan films. The resulting friction between these groups can be more efficiently addressed through private ordering rather than through formal legal reform