"Depending upon its vantage point, the law can either empower or disable creativity, while also having a powerful impact on who actually receives access to and protection within the marketplace of cultural products. Further, as these examples might suggest, propertizing expression benefits some authors and artists, often within the mainstream, sometimes at the cost of chilling other types of artistic expression and commentary, often from “outsider” groups like women, people of color, and sexual minorities. Ignoring this result matters. If we construe a marketplace of copyrighted cultural products as akin to, or at least reflective of, the rich diversity of the marketplace of ideas itself, then the denial of the privileges of authorship to some suggests that we are missing an important and illuminating facet of the relationships between production, representation, and consumption within copyright law."
— Sonia Katyal, “Performance, Property, and the Slashing of Gender in Fan Fiction” (h/t Susana Loza)