[QUOTE] From Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions

Creativity, including remix creativity, is part of a good life. It should be valued for itself, not tolerated. Creativity should be a favorite of the law even if we do not need to worry about incentives or disincentives (chilling effects). Incentive stories, because they do not explain creativity, can mislead us about the value we want to protect. Under the First Amendment, we protect religious conviction not only, and not even primarily, because we worry about the chilling effects of religious persecution. Devout believers have been willing to go to jail and even die for their causes; they’re hard to chill. We protect religious faith because it’s so important, and a core wrong of suppression is its disrespect of the believer. Likewise, respect for creativity, and for the possibility that every person has new meaning to contribute, should be at the core of our copyright policy. Instead of monetary rewards or even artistic control of how works are transmitted to others as our highest value, we should aim for policies that maximize participation — even when that changes the mix of economic winners and losers. Economic reward and control rights are likely to be part of the proper balance, but only part.

Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions