Fan fiction and remix culture have been and are continuing to explode both in terms of social relevance and sheer quantity of new works produced and available. Fan fiction is simply that: fiction created by fans, typically of popular commercial works, such as the Harry Potter book and film series. Rebecca Tushnet's path-setting article defines fan fiction as follows: "'Fan Fiction,' broadly speaking, is any kind of written creativity that is based on an identifiable segment of popular culture, such as a television show, and is not produced as 'professional' writing."

Suntrust Bank v. Houghton Mifflin Co. could be called the first fan-fiction case, but Alice Randall, the author of the parody at issue in Suntrust, is better described as an antifan of Gone with the Wind. The case turned on a defense of criticism and parody, not specifically on the fanlike nature of the work. However, if Randall's book counts as fan fiction, then it is not the case that there is no settled fan-fiction case law, a claim that sometimes has been made.

As technology has advanced, fan fiction has evolved into "fanworks" or, alternatively, "fanvids." A related but more general term is "remix." The term "remix" avoids the suggestion that the new works are produced by fans of the underlying works. Lawrence Lessig gives examples of remix works that are highly critical of the works drawn upon in the remix. Lessig does not define the term "remix" in his new book, despite its title. He does, however, note that remix works are "transformative." He also equates remix with literary quotation. There is a tension here, however, as a work is not necessarily transformed simply by adding a quotation from another work. Additionally, there is ambiguity because Lessig is not explicit as to whether he intends to use the term "transformative" in its legal sense, namely, in reference to factor one of the fair use test. The question is pertinent as there is a movement to develop the concept of transformative use that appears not to limit itself to the legal sense of this word. The definitional expansion of the term "transformative use" beyond its legal origins would complement Lessig's larger agenda, which includes bypassing fair use altogether when it comes to the legal treatment of amateur remix.