Season 4, Episode 3. Professor Marc H. Greenberg – Decoding Intellectual Property in Fandom

Join us on an enlightening journey with Professor Marc H. Greenberg, the esteemed author of “Fandom and the Law,” as we unravel the complex tapestry of fan-created content and its intricate dance with intellectual property law. 

Discover how fans’ passion for media manifests in fan fiction, art, films, and cosplay, often blurring the lines between amateur and professional pursuits. With Professor Greenberg’s expertise, we navigate the labyrinth of legal boundaries and explore how these creative endeavors can open doors to professional opportunities within the industry.

Get ready to discover how fan creators bravely navigate the legal landscape through concepts like nominative fair use. Together, we’ll delve into the evolving relationship between passionate fans and the original creators they admire, exploring how fan suggestions can be beautifully woven into official works. This journey raises thought-provoking questions about intellectual property and the powerful influence of fandom. 

Journey through the challenges posed by legal guidelines, like those from Paramount for Star Trek fan films, and understand the importance of staying informed about fair use law and its transformative doctrine.

As we venture into the future, we tackle the transformative role of generative AI in creative fandom, highlighting both its potential and challenges. From ethical considerations and legal battles surrounding AI-generated content to the impact of deepfakes, this episode ensures you’re at the forefront of understanding the digital age’s impact on fan creativity. 

Hear insights on safeguarding intellectual property, the pivotal role of legal counsel, and the strategic maneuvers creators must adopt to protect their rights in a world where AI’s influence is ever-expanding. 

Join us for this essential dialogue on the intersection of fandom, creativity, law, and technology.

Love, Law, And The Valentine Economy Intangiblia™

Valentine’s Day feels effortless on the surface—red hearts, last‑minute roses, a playlist called “forever.” Pull back the foil, and you’ll find contracts, case law, and platform rules deciding which colors, words, motifs, and links reach your eyes first. We walk through 14 “love battles” where romance collides with intellectual property: Cadbury’s Pantone 2685C fight over color marks, Interflora’s keyword dispute that previews today’s AI overviews, and the rise of platform power that summarizes answers before you ever click.We unpack how greeting cards separate protectable expression from generic tropes, and why enforcement now pairs rights holders with marketplaces using AI to spot copycats at scale. On the luxury front, Cartier defends the LOVE bracelet across word marks and 3D trade dress, tackling influencer “hidden link” schemes and winning when “love” functions as a brand, not a feeling. Yet design law still draws limits: nature’s shared alphabet belongs to everyone, as seen in jewelry motif disputes where distinct execution—not broad ideas—earns protection.Music and media add fresh edges. Stairway to Heaven narrows claims built on genre grammar, while The Wind Done Gone affirms that transformative critique can legally reframe a classic romance. In apps, the Match Group vs Bumble saga raises whether swipes, card stacks, and mutual opt-in logic are ownable inventions or common digital language. And in a striking turn, New Zealand’s Supreme Court confirms that copyrights created during marriage carry divisible value, even as the artist keeps the rights—proof that creative assets follow economics into family law.Across these stories, one theme holds: clarity beats sentiment. Draft precisely, prove distinctiveness, and enforce where decisions happen—search pages, social feeds, marketplaces, and now AI summaries. If you care about brand integrity, creator rights, and what shows up when urgency drives the buy, you’ll find practical insights and timely warnings here. If this resonated, subscribe, share with a friend who thinks February is only about romance, and leave a review to help more listeners find us.Send a textCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats. The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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