'I'm not a lawyer but …': Fan disclaimers and claims against copyright law. (1st October 2013)

• Record Type: Journal Article
• Authors: Roth, Jenny; Flegel, Monica
• Is Part Of: Journal of fandom studies. Volume 1:Number 2(2013)
• Page Start: 201
• Page End: 218
• Publication Date: 2013-10-01
• Subjects: Fans (Persons) -- Periodicals; Subculture -- Periodicals; Popular culture -- Psychological aspects -- Periodicals; 306.1
• DOI: 10.1386/jfs.1.2.201_1
• Languages: English
• ISSNs: 2046-6692

Abstract

Fan fiction has become increasingly widespread, and online discussions between fans about fan fiction and copyright reveal the extent to which fans are both governed by and resist copyright law, as they understand it. As complex agents both within and outside of law, writers and supporters of fan fiction reveal the problems of speaking against law from a position that is regulated by law, a position creative re-producers are forced to occupy in an increasingly copyrighted, patented and trademarked world. So long as those whom the law is meant to regulate see themselves as legitimate shapers of that law, even though they inhabit space outside the formal mechanisms of law or the legal world, the law will not be effective. When fans with little or no legal expertise invoke and interpret copyright, they reveal that copyright does not attend to the complex realities of creative production, nor the very active consumption, engagement with, and re-articulation of cultural artefacts and texts in society to effectively police at the grassroots level.