|Alma mater||Harvard University, 1995
Yale Law School, 1998
|Employer||Georgetown University School of Law|
|Rebecca Tushnet's 43(B)log|
Rebecca Tushnet is an American copyright, trademark, First Amendment, and false advertising legal scholar. In addition to her general scholarship, Tushnet is known for her fanfiction-related scholarship and her legal advocacy work for the Organization for Transformative Works, a nonprofit fandom-related project that supports fanworks (such as fanfiction) through preservation and advocacy. Her blog has been named to the ABA "Blawg 100" for several years in a row.
Tushnet received an undergraduate degree from Harvard University in 1995, and earned her J.D. from Yale Law School in 1998. Tushnet clerked for Third Circuit judge Edward R. Becker (1998–99) and US Supreme Court Justice David Souter (1999-2000). She practiced at Debevoise & Plimpton. Tushnet then entered teaching, first at NYU School of Law (2002–05) and then moving to Georgetown. In practice, Tushnet has represented fans in copyright and trademark disputes with rightsholders.
Her father is Mark Tushnet and her mother is Elizabeth Alexander, who directs the National Prison Project of the American Civil Liberties Union. Her sister Eve Tushnet is a lesbian Catholic author and blogger.
Selected scholarship and casebooks
- "Legal Fictions: Copyright, Fan Fiction, and a New Common Law", 17 Loy. L.A. Ent. L.J. 651 (1997)
- "Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It", 114 Yale L.J. 535 (2004)
- "Copyright as a Model for Free Speech Law: What Copyright Has in Common with Anti-Pornography Laws, Campaign Finance Reform, and Telecommunications Regulation" 42 B.C. L. Rev. 1 (2000)
- Advertising & Marketing Law: Cases & Materials (2014 ed.), with Eric Goldman (the first casebook on this topic)
- 1997 Nathan Burkan Prize for best paper in the field of copyright ("Legal Fictions")
- The Copyright Society of the USA awarded her the 2014 Seton Award for Performance Anxiety: Copyright Embodied and Disembodied, 60 J. Copyright Soc’y U.S.A. 209 (2013)
- Bob Garfield, "Fan Fiction and the Law" (interview), On the Media, March 8, 2013.
- "Legal Advocacy", Organization for Transformative Works. (Last visited April 28, 2014).
- Nick Gillespie & Joshua Swain, "Fan Fiction vs. Copyright - Q&A with Rebecca Tushnet", Reason Magazine, July 20, 2012.
- Tushnet CV, University of Chicago (last visited April 28, 2014).
- NPR, "Fan Fiction Writers Face Nonfiction Legal Hurdles", July 16, 2008.
- "'Gay and Catholic': An Interview with Author Eve Tushnet". America Magazine. Retrieved 2015-03-21.
- Advertising & Marketing Law: Cases & Materials, self-published, July 2012.
- Christina Spiesel, "More Than a Thousand Words in Response to Rebecca Tushnet" (Responding to Rebecca Tushnet, Worth a Thousand Words: Images of Copyright, 125 Harv. L. Rev. 683 (2011)), 125 Harv. L. Rev. F. 40 (Feb. 22, 2012).
- Lauren Davis, "Are Fan Fiction and Fan Art Legal?" (interview with Rebecca Tushnet), io9.com, Aug. 12, 2012.
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