Literary Characters in Intellectual Property Law PDF Download
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Author: Jani McCutcheon
Publisher: Edward Elgar Publishing
ISBN: 1788114329
Category : Law
Languages : en
Pages : 303
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Book Description
This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law, challenging important foundations that underscore engagement with literary characters. Using interesting examples, and referencing literary theory, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of owners, authors, appropriators, and consumers.
Author: Jani McCutcheon
Publisher: Edward Elgar Publishing
ISBN: 1788114329
Category : Law
Languages : en
Pages : 303
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Book Description
This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law, challenging important foundations that underscore engagement with literary characters. Using interesting examples, and referencing literary theory, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of owners, authors, appropriators, and consumers.
Author: Dorothy J. Howell
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters. Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.
Author: William P. Alford
Publisher: Stanford University Press
ISBN: 0804779295
Category : Law
Languages : en
Pages : 238
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Book Description
This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
Author: Pia Pera
Publisher: Foxrock Books
ISBN: 9780964374027
Category : Teenage girls
Languages : en
Pages : 0
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Book Description
Now in paperback comes Pia Pera's bestselling answer to "Lolita", where the novel is told not from the point of view of the seducer, Humbert Humbert, but of the young girl herself.
Author: Matthew H. Birkhold
Publisher:
ISBN: 0198831978
Category : Law
Languages : en
Pages : 307
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Book Description
Based on extensive archival work, Characters before Copyright shows that fan fiction proliferated in the eighteenth century and explains why this phenomenon emerged when it did.
Author: Aaron Schwabach
Publisher: Routledge
ISBN: 1317136454
Category : Law
Languages : en
Pages : 184
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Book Description
As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners’ intellectual property rights. Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed. Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a safe harbor for fan fiction.
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1316518035
Category : Law
Languages : en
Pages : 951
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Book Description
A comprehensive and practical textbook in the field of intellectual property licensing.
Author: Jay Dratler, Jr.
Publisher: Law Journal Press
ISBN: 9781588520548
Category : Law
Languages : en
Pages : 1386
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Book Description
This book discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with Asian & European law.
Author: Helena Howe
Publisher: Cambridge University Press
ISBN: 1107041821
Category : Law
Languages : en
Pages : 329
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Book Description
This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
Author: Melville B. Nimmer
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 638
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Book Description
"A primary source reference guide for Nimmer on Copyright. This volume compiles reports on ... Public Law 105-298 and Public Law 105-304"--Publisher's flyer
