Rebecca Tushnet (born April 4, 1973) is an American legal scholar. She serves as the Frank Stanton Professor of First Amendment Law at Harvard Law School. Her scholarship focuses on copyright, trademark, First Amendment, and false advertising.
Rebecca Tushnet | |
|---|---|
 Tushnet at a U.S. Copyright Office Section 512 Study Roundtable in 2019 | |
| Born | April 4, 1973 |
| Education | Harvard University (BA) Yale University (JD) |
| Occupation | Law professor |
| Employer | Harvard Law School |
| Father | Mark Tushnet |
| Relatives | Eve Tushnet (sister) |
| Website | Rebecca Tushnet's 43(B)log |
In addition to her general scholarship, Tushnet is known for her fanfiction-related scholarship[1] 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.[2][3]
Biography
editEducation
editTushnet was a policy debater at Harvard, getting to finals of the National Debate Tournament in 1992 and 1995,[4] she received an A.B. from Harvard University in 1995, and earned her J.D. from Yale Law School[5] in 1998.[6]
Career
editTushnet served as a law clerk to Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit and later for Justice David Souter of the United States Supreme Court. She practiced at Debevoise & Plimpton. Tushnet then entered teaching, first at NYU School of Law (2002–04),[6] then at Georgetown University Law Center (2004–16),[5] and most recently at Harvard Law School.[7] In practice, Tushnet has represented fans in copyright and trademark disputes with rightsholders.[8]
Personal life
editHer father is Mark Tushnet and her mother is Elizabeth Alexander, who directs the National Prison Project of the American Civil Liberties Union.[9]
Her sister Eve Tushnet is a lesbian Catholic author and blogger.[10]
Selected scholarship and casebooks
edit- Articles
- "Worth a Thousand Words: The Images of Copyright Law", 125 Harvard Law Review. 683 (2012)
- "Gone in 60 Milliseconds: Trademark Law and Cognitive Science", 86 Texas Law Review. 507 (2008)
- "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 Law Journal 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 Boston College Law Review 1 (2000)
- Casebooks
- Advertising & Marketing Law: Cases & Materials (2014 ed.), with Eric Goldman (the first casebook on this topic)[11]
Awards
edit- 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 Journal of the Copyright Society of the U.S.A. 209 (2013) SSRN 2264277.[12]
- 2015 recipient of Public Knowledge's IP3 Award in the area of intellectual property[13]
- In 2016, her blog was inducted into the ABA Journal's "Blawg 100 Hall of Fame."[14]
See also
editReferences
edit- ^ Bob Garfield (March 7, 2013). Fan Fiction and the Law. On the Media. WNYC. Retrieved November 24, 2019.
- ^ "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.
- ^ "Champions, Runners-Up, and Semi-Finalists 1947-2012". West Point National Tournament. Retrieved November 24, 2019.
- ^ a b "Rebecca L. Tushnet". Georgetown Law. Georgetown University. Archived from the original on June 20, 2017. Retrieved July 30, 2017.
- ^ a b Tushnet CV Archived 2021-12-27 at the Wayback Machine, University of Chicago. Retrieved November 24, 2019.
- ^ "Rebecca Tushnet joins Harvard Law faculty as Professor of First Amendment Law - Harvard Law Today". Harvard Law Today. November 14, 2016. Retrieved November 24, 2019.
- ^ "Fan Fiction Writers Face Nonfiction Legal Hurdles". NPR. July 16, 2008. Retrieved November 24, 2019.
- ^ Oppenheimer, Mark (June 4, 2010). "A Gay Catholic Voice Against Same-Sex Marriage". The New York Times. p. A14.
- ^ Sean Salai, S.J. (July 3, 2014). "'Gay and Catholic': An Interview with Author Eve Tushnet". America Magazine.
- ^ Advertising & Marketing Law: Cases & Materials, self-published, July 2012
- ^ Hinde, Rebecca (June 16, 2014). "Rebecca Tushnet Named 2014 Seton Award Winner". Archived from the original on November 23, 2021. Retrieved November 24, 2019.
- ^ "12th Annual IP3 Award". Public Knowledge. 26 October 2006. Retrieved November 24, 2019.
- ^ Mui, Sarah; McDonough, Molly; Rawles, Lee (December 1, 2018). "Blawg 100 Hall of Fame". ABA Journal.
Further reading
edit- 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.