Rebecca Tushnet, I’m a Lawyer, Not an Ethnographer, Jim: Textual Poachers and Fair Use, 2 J. Fandom Stud. 21 (2014).
Abstract: Henry Jenkins’ Textual Poachers (1992) remains an important text for many reasons. I will focus on its importance as a text that, while not in any way lacking in complexity, clearly and accessibly brings forth the positive aspects of fandom cultures and creativity. This is vital for very practical reasons: there are many institutions and copyright owners who believe that fandom should be owned – by them, and not by fans. In this context, Jenkins’ arguments form a key part of the case for continued, robust fair use doctrines that allow fans to make the things that they love to make.