Difference between revisions of "Katz (2019)"

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Latest revision as of 18:21, 28 November 2019

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

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1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Katz (2019)
Title: A Pilot Study of Fan Fiction Writer’s Legal Information Behavior
Author(s): Katz, R.
Year: 2019
Citation: Katz, R., (2019). A Pilot Study of Fan Fiction Writer’s Legal Information Behavior. Journal of Copyright in Education and Librarianship, 3(1), 1-29.https://doi.org/10.17161/jcel.v3i1.7697
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Data were obtained from three interviews with fan fiction writers from Canada (2) and the U.S. (1). Findings from the interviews were arranged into four themes:
• benefits and motivations to fan fiction;
• copyright knowledge and self-assessment;
• legal information behaviour;
• and overall perceptions of legal and ethical issues affecting fandom.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • October 2017
Funder(s):

Abstract

“Fan fiction, a genre using pre-existing and often copyrighted media as a springboard for new stories, raises several legal challenges. While fans may benefit from copyright limitations, their actual knowledge of and ability to exercise their legal rights is unclear, due to limited empirical work with fan writers on this subject. This is especially true of Canadian fans, who are underrepresented in the literature. This paper reports on a pilot study of Canadian and U.S. fan writers’ legal knowledge, information behavior, and overall perceptions of law. It addresses background, methods, preliminary results, and future directions.”

Main Results of the Study

[[Has plain-text proposition::• Fan fiction writers report social benefits to writing fan fiction, including making friends and having “fun”. Participants to the study also found an improvement in writing skills and valued feedback from the community.

• Two of the three participants indicated fairly low levels of copyright knowledge. The study also notes that much misinformation on copyright is present with e.g. conflation of IP regimes, character ownership and overemphasis on commerciality. The study suggests that this may influence, and is in turn influenced by legal information behaviour (detailed below.

• Legal information behaviour (e.g. how legal knowledge is acquired) was varied amongst participants, ranging from informal methods (e.g. fan discussions or peer observation) to more formal (e.g. consulting legal professionals, seminars, webinars).

• Overall, there is a belief that fan fiction “[may not be] legal, but it’s okay”, i.e. it is generally safe from the law. Fan fiction writers are not deterred by copyright fears, and broadly agree with its application with fair and reasonable caveats. Most feel they are safe from the law due to their non-commercial usage, whilst also citing ethical considerations.]]

Policy Implications as Stated By Author

The study does not offer any explicit policy recommendations.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Green-tick.png
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets

Sample size: 3
Level of aggregation: Writers
Period of material under study: October 2017