| Sumario: | Part of a special issue commemorating ten years of cultural environmentalism. A commentary on an article by Rebecca Tushnet that appears in this issue, which was, in turn, inspired by James Boyle's 1996 book, Shamans, Software, and Spleens. In her article, Tushnet examines fan creative practices that make use of existing copyrighted material and how these practices offer insight into the regulation of creativity. The writer claims to be less optimistic than Tushnet concerning the capacity of the concept of fair use to protect the creativity of fans. She asserts that, overall, by disregarding the central importance of the consumers in the copyright scheme, legal scholars have all but conceded that the essential policy question in determining whether a given use of copyrighted material is lawful is the way the use is perceived by the copyright owner.
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