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).
[QUOTE] From Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions
Fanworks, as creative endeavors existing outside the money economy, are fundamentally based on the inexhaustibility of the imagination. Yet the creative desires fanworks express and satisfy are not alien to other, marketized creative works. Indeed, creators’ passions are strikingly similar
[QUOTE] From Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions
(…) fan experiences of creativity are also incompatible with control-based theories of copyright positing that authors’ personalities are harmed by unauthorized uses. Julie Cohen has pointed out that the incentive model, in which copyright is a vital driver of creativity,