Jocelyn's Other Desk

The writings of Jocelyn Smith, aspiring author, soon-to-be lawyer, once and future politician, all-around opinionated twentysomething.

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Location: Orlando, Florida, United States

I'm a lawyer in Florida, working on three novels, a screenplay, and half a dozen pieces of fanfiction at any given moment.

Tuesday, August 30, 2005

Academia, Fan Fiction, and Obsession...

Mix well.

My academic freedom paper that I did this summer was a weak effort at best--hard to focus on academics when you're doing 10-12 hour days at work.

So now, in my Theoretical Foundations of Intellectual Property Law Seminar, I have a chance to flex my mental muscles again with another paper. I'd like to manage at least one serious academic work before graduating Georgetown.

SO...I shall endeavor to determine, based on the most current Intellectual Property Law available, how fan fiction really does measure up under current "fair use" doctrine and other copyright doctrines. My argument in favor of the legality of fanfic has always been fair use-based, while opponents tend to invoke "moral" or "natural" rights of copyright owners.

I will look at it based on...

1) The initial purposes of fair use
2) Court and legislative interpretation of fair use
3) The development and application of "moral" and "natural" rights in copyright law
4) Whether and how economic interests come into play
5) In sum...whether fan fiction as a medium of expression is or should be protected under current intellectual property law, or whether and how the rights of the creator of the original ideas permit the creator to prevent or restrain fan fiction?

Yeah...I'd enjoy researching that topic. I do it on my free time as it is anyway. Perhaps if I manage to actually make it academically sound, I could publish it in a journal.

2 Comments:

Blogger Claire said...

Unrelated to your topic:

I wanted a break from the hurricane coverage and went to C-Span. The Israeli Ambassador spoke at Georgetown Law today. Did you go? It was very interesting. One of the great advantages of going to a major university is they get terrific speakers like that all the time.

2:46 AM  
Blogger Jocelyn Smith said...

It got quite noisy on campus for awhile with the security, but I had classes. AND I didn't hear about it until today--one aggravating thing is that we students are often the last to know there's a big name coming to visit.

3:03 AM  

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