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Rebecca Tushnet, Payment in Credit: Copyright Law and Subcultural Creativity, 70 L. & Contemp. Probs. 135 (2007).

Abstract: Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but know less about the choices people make about copyright on a daily basis, especially when they are not working. Here, Tushnet examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others' works to creation of new stories, art, and audiovisual works: the media-fan community. Among other things, she discusses some differences between fair use and fan practices, focused around attribution as an alternative to veto rights over uses of copyrighted works.