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Legal Fictions: Copyright, Fan Fiction, And A New Common Law, Rebecca Tushnet
Legal Fictions: Copyright, Fan Fiction, And A New Common Law, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
A girl owns a number of Barbie dolls. She makes outfits for them and constructs elaborate scenarios in which they play starring roles. She enacts her dramas in her front yard, where passers-by can easily see. Does she violate the law? What if the girl writes down her stories starring Barbie? What happens when she lets her friends read them? What if she e-mails those stories to a Barbie mailing list? What if she posts those stories and a picture of Barbie in her new outfit on her Web page?
Copyright law has long been a concern more for corporations …