Using Social Norms to Regulate Fan Fiction and Remix Culture

Abstract

INTRODUCTION 1869 I. THREE NORMS THAT REGULATE FAN FICTION AND REMIX CULTURE 1874 A. The Norm of Socially Acceptable and SomewhatEncouraged Amateur Remix 1880 B. The Norm Against Commercializing Fan Fiction 1884 C. Competing Norms Among Owners Regarding Tolerance of Noncommercial Use 1887 II. REGULATORY OPTIONS IN A WORLD OF SHIFTING NORMS 1891 III. LESSIG’S VISION OF AMERICA: MILLIONS OF KIDS IN ORANGE JUMPSUITS 1895 IV. MUCH FAN FICTION AND REMIX ARE FAIR USE 1900 V. NORMS AS GENERATORS OF COSTS TO COMMERCIAL OWNERS....1928 CONCLUSION 1934