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User-Generated Discontent: Transformation in Practice
Rebecca Tushnet, Georgetown University
31 Colum. J.L. & Arts 101 (2008)
ABSTRACT:
Fair use is the province of creators, not lawyers. That is the thrust of a number
of initiatives designed to make fair use salient to ordinary people in their capacities
as creators. Copyright myths and legends are, of course, widespread. What this
paper focuses on, however, are organized or semi-organized attempts to articulate
fair use principles, usually centered on the concept of transformativeness, from the
perspective of individual creators who routinely expect to criticize, comment on, or
just quote existing copyrighted materials as part of their new works. Usergenerated
fair use principles can be informed by case law, but they are not limited
by it. Reciprocally, nonlawyers’ concepts of transformativeness could enrich legal
understandings of the appropriate boundaries of fair use.
SUGGESTED CITATION:
Rebecca Tushnet,
"User-Generated Discontent: Transformation in Practice"
(June 15, 2008).
Georgetown Law.
Georgetown Law Faculty Working Papers.
Paper 66.
http://lsr.nellco.org/georgetown/fwps/papers/66
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