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	<title>Comments on: Digital Copyright Law:  What Authors Want&#8230;.</title>
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	<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/</link>
	<description>a blog about law, tech, culture, and related things</description>
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		<title>By: Jacqui Lipton</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297426</link>
		<dc:creator>Jacqui Lipton</dc:creator>
		<pubDate>Thu, 22 Oct 2009 17:11:18 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297426</guid>
		<description>But isn&#039;t the question &quot;relevant to what&quot;?  I&#039;m trying to get my mind around what authors want from the copyright system, and Meyer&#039;s views on her own work versus fan fiction of others may tell us something about how at least one author distinguishes copyright in her own creations versus rights that may exist in derivative works.  For example, if she doesn&#039;t mind the derivative works, but only objects to unauthorized copies of what Greg calls the &quot;canonical text&quot;, then mightn&#039;t that tell us something about the relationship between reproduction rights and derivative works rights more generally (at least if Meyer&#039;s views are in any way representative of those of other authors)?  Deven has made some interesting comments about how violated Meyer feels about the unauthorized copy of her own work, and I found it interesting that she didn&#039;t make any comments of this ilk about things that are clearly derivative works, given how open she is about communicating with fans on her website.</description>
		<content:encoded><![CDATA[<p>But isn&#8217;t the question &#8220;relevant to what&#8221;?  I&#8217;m trying to get my mind around what authors want from the copyright system, and Meyer&#8217;s views on her own work versus fan fiction of others may tell us something about how at least one author distinguishes copyright in her own creations versus rights that may exist in derivative works.  For example, if she doesn&#8217;t mind the derivative works, but only objects to unauthorized copies of what Greg calls the &#8220;canonical text&#8221;, then mightn&#8217;t that tell us something about the relationship between reproduction rights and derivative works rights more generally (at least if Meyer&#8217;s views are in any way representative of those of other authors)?  Deven has made some interesting comments about how violated Meyer feels about the unauthorized copy of her own work, and I found it interesting that she didn&#8217;t make any comments of this ilk about things that are clearly derivative works, given how open she is about communicating with fans on her website.</p>
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		<title>By: Rebecca Tushnet</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297417</link>
		<dc:creator>Rebecca Tushnet</dc:creator>
		<pubDate>Thu, 22 Oct 2009 15:54:57 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297417</guid>
		<description>I don&#039;t know what Meyer thinks; I wouldn&#039;t consider her opinion relevant any more than I&#039;d consider her opinion of bad reviews and their effect on her productivity relevant, though of course anyone is entitled to take the author&#039;s feelings on either into account.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t know what Meyer thinks; I wouldn&#8217;t consider her opinion relevant any more than I&#8217;d consider her opinion of bad reviews and their effect on her productivity relevant, though of course anyone is entitled to take the author&#8217;s feelings on either into account.</p>
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		<title>By: Jacqui Lipton</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297372</link>
		<dc:creator>Jacqui Lipton</dc:creator>
		<pubDate>Thu, 22 Oct 2009 02:37:24 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297372</guid>
		<description>Thanks, Rebecca.  Do you have any information as to how Stephenie Meyer feels about the fan fiction?  I would assume her views about other people writing their own stories based on her characters likely differ from her concerns/ sense of violation she felt about unauthorized sharing of her own work.</description>
		<content:encoded><![CDATA[<p>Thanks, Rebecca.  Do you have any information as to how Stephenie Meyer feels about the fan fiction?  I would assume her views about other people writing their own stories based on her characters likely differ from her concerns/ sense of violation she felt about unauthorized sharing of her own work.</p>
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		<title>By: Rebecca Tushnet</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297367</link>
		<dc:creator>Rebecca Tushnet</dc:creator>
		<pubDate>Wed, 21 Oct 2009 23:50:16 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297367</guid>
		<description>I would be remiss if I failed to note the over 100,000 Twilight stories--some of them from Edward&#039;s perspective--available at fanfiction.net.  http://www.fanfiction.net/book/Twilight/  So your what if is actually more of an is.</description>
		<content:encoded><![CDATA[<p>I would be remiss if I failed to note the over 100,000 Twilight stories&#8211;some of them from Edward&#8217;s perspective&#8211;available at fanfiction.net.  <a href="http://www.fanfiction.net/book/Twilight/" rel="nofollow" onclick="javascript:urchinTracker ('/outbound/comment/www.fanfiction.net');">http://www.fanfiction.net/book/Twilight/</a>  So your what if is actually more of an is.</p>
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		<title>By: Jacqui Lipton</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297198</link>
		<dc:creator>Jacqui Lipton</dc:creator>
		<pubDate>Tue, 20 Oct 2009 18:43:45 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297198</guid>
		<description>Mike and Greg:  Thanks for those helpful and interesting comments.  Wondering if some variation of this might make a good exam problem someday!</description>
		<content:encoded><![CDATA[<p>Mike and Greg:  Thanks for those helpful and interesting comments.  Wondering if some variation of this might make a good exam problem someday!</p>
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		<title>By: Greg Lastowka</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297186</link>
		<dc:creator>Greg Lastowka</dc:creator>
		<pubDate>Tue, 20 Oct 2009 17:17:40 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297186</guid>
		<description>Hi Jacqui --

I find this really interesting too.  It does really challenge, for me, the notion that authors are primarily creating for economic returns -- I think we do our students a disservice when we fail to point out the complicated interests that authors have in their expressive work.

Re the fan stories, there are already, no doubt, tons of fanfic versions of Twilight told from multiple POV.  The interesting thing about this version is that it is both canonical (due to the authorial origin) and non-canonical (because she disclaims it).  But while a moral rights system might support that sort of power on the part of authors, it may turn out, for various reasons, that authors are not able to make that call.  See, e.g., Kafka &amp; many others.</description>
		<content:encoded><![CDATA[<p>Hi Jacqui &#8211;</p>
<p>I find this really interesting too.  It does really challenge, for me, the notion that authors are primarily creating for economic returns &#8212; I think we do our students a disservice when we fail to point out the complicated interests that authors have in their expressive work.</p>
<p>Re the fan stories, there are already, no doubt, tons of fanfic versions of Twilight told from multiple POV.  The interesting thing about this version is that it is both canonical (due to the authorial origin) and non-canonical (because she disclaims it).  But while a moral rights system might support that sort of power on the part of authors, it may turn out, for various reasons, that authors are not able to make that call.  See, e.g., Kafka &amp; many others.</p>
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		<title>By: Mike Madison</title>
		<link>http://madisonian.net/2009/10/19/digital-copyright-law-what-authors-want/comment-page-1/#comment-297163</link>
		<dc:creator>Mike Madison</dc:creator>
		<pubDate>Tue, 20 Oct 2009 12:23:04 +0000</pubDate>
		<guid isPermaLink="false">http://madisonian.net/?p=3240#comment-297163</guid>
		<description>On the copyright side, her point is (understandably) ambiguous.  She claims copyright in the book, but she says that the book was not finished, and it wasn&#039;t finished in some meaningful ways.  If it wasn&#039;t finished, then it may not have risen to the status of &quot;work of authorship&quot; (there are echoes here of the &lt;a href=&quot;http://madisonian.net/2007/09/22/mass-moca-v-buchel-update/&quot; rel=&quot;nofollow&quot;&gt;MassMOCA/Christoph Buchel dispute&lt;/a&gt;, and copyright law may have nothing to say here.  Copyright protects partially completed works, but it doesn&#039;t protect every keystroke.)     

As with Buchel, the episode seems to evoke trademark law law and/or trade secret law more than it does copyright law:  

In a trademark sense, she is being held as the source of a product that she disclaims, and for that both she and her fans deserve the sympathy and perhaps a trademark remedy, Dastar notwithstanding (though a remedy may not be practical).  

Does the trade secret idea cut the other way?  In a trade secret sense, she failed to take reasonable precautions to maintain the secrecy of the work; secrecy was key to maintaining the value of the ultimate product; and so on.  You snooze, you lose, in a trade secret world; you can&#039;t play Renault, gambling with the work then claiming to be shocked when you are betrayed.  The parallel isn&#039;t perfect, but the atmospherics work.</description>
		<content:encoded><![CDATA[<p>On the copyright side, her point is (understandably) ambiguous.  She claims copyright in the book, but she says that the book was not finished, and it wasn&#8217;t finished in some meaningful ways.  If it wasn&#8217;t finished, then it may not have risen to the status of &#8220;work of authorship&#8221; (there are echoes here of the <a href="http://madisonian.net/2007/09/22/mass-moca-v-buchel-update/" rel="nofollow" >MassMOCA/Christoph Buchel dispute</a>, and copyright law may have nothing to say here.  Copyright protects partially completed works, but it doesn&#8217;t protect every keystroke.)     </p>
<p>As with Buchel, the episode seems to evoke trademark law law and/or trade secret law more than it does copyright law:  </p>
<p>In a trademark sense, she is being held as the source of a product that she disclaims, and for that both she and her fans deserve the sympathy and perhaps a trademark remedy, Dastar notwithstanding (though a remedy may not be practical).  </p>
<p>Does the trade secret idea cut the other way?  In a trade secret sense, she failed to take reasonable precautions to maintain the secrecy of the work; secrecy was key to maintaining the value of the ultimate product; and so on.  You snooze, you lose, in a trade secret world; you can&#8217;t play Renault, gambling with the work then claiming to be shocked when you are betrayed.  The parallel isn&#8217;t perfect, but the atmospherics work.</p>
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