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    PublicationAccess status: Open Access ,
    Copyright law
    Contents Editorial Research Articles Formats as Media of Cooperation / Axel Volmar Thematic Focus: Copyright Law Editorial: The Reference as Part of the Art Form. A Turning Point in Copyright Law? / Dagmar Hoffmann, Nadine Klass The Concept of “Pastiche” in Directive 2001/29/EC in the Light of the German Case Metall auf Metall / Frédéric Döhl Transformative Works and German Copyright Law as Matters of Boundary Work / Kamila Kempfert, Wolfgang Reißmann Negotiating Legal Knowledge, Community Values, and Entrepreneurship in Fan Cultural Production / Sophie G. Einwächter Referencing in Academia: Video Essay, Mashup, Copyright / Eckart Voigts, Katerina Marshfield Re-Use under US Copyright Law: Fair Use as a Best Practice or Just a Myth of Balance in Copyright? / Sibel Kocatepe Reports Grounded Design in a Value Sensitive Context / Volker Wulf in conversation with Batya Friedman
    Source Type:
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    Volume number:
      412  2229
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    PublicationAccess status: Open Access ,
    Transformative works and German copyright law as matters of boundary work
    Drawing on the basic assumptions and mechanisms of German Copyright law and the main problems concerning transformative works, Kamila Kempfert and Wolfgang Reißmann introduce “boundary work” as a praxeological perspective to grasp translations and transformations of copyright law within different social worlds. Using the example of fan fiction practices and the lawsuit of “Metall auf Metall“, they attempt to approach law-in-practice and demonstrate different modes and forms of boundary work. In the case of fan fiction authors, boundary work consists of (unconsciously) translating elements of basic assumptions of copyright law to their own works as well as distancing themselves from commercial exploitation, while simultaneously almost ignoring the factual legal situation. In the “Metall auf Metall” lawsuit, boundary work was performed by changing the balance between ancillary copyright law and artistic freedom and by emphasizing commercial effects as important evaluation criteria. The different boundary works partly converge, partly they are contradictious.
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    Volume number:
      347  113