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.
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.
This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."
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.
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.
An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.
A COMPANION TO THE HISTORY OF THE BOOK A COMPANION TO THE HISTORY OF THE BOOK Edited by Simon Eliot and Jonathan Rose “As a stimulating overview of the multidimensional present state of the field, the Companion has no peer.” Choice “If you want to understand how cultures come into being, endure, and change, then you need to come to terms with the rich and often surprising history Of the book ... Eliot and Rose have done a fine job. Their volume can be heartily recommended. “ Adrian Johns, Technology and Culture From the early Sumerian clay tablet through to the emergence of the electronic text, this Companion provides a continuous and coherent account of the history of the book. A team of expert contributors draws on the latest research in order to offer a cogent, transcontinental narrative. Many of them use illustrative examples and case studies of well-known texts, conveying the excitement surrounding this rapidly developing field. The Companion is organized around four distinct approaches to the history of the book. First, it introduces the variety of methods used by book historians and allied specialists, from the long-established discipline of bibliography to newer IT-based approaches. Next, it provides a broad chronological survey of the forms and content of texts. The third section situates the book in the context of text culture as a whole, while the final section addresses broader issues, such as literacy, copyright, and the future of the book. Contributors to this volume: Michael Albin, Martin Andrews, Rob Banham, Megan L Benton, Michelle P. Brown, Marie-Frangoise Cachin, Hortensia Calvo, Charles Chadwyck-Healey, M. T. Clanchy, Stephen Colclough, Patricia Crain, J. S. Edgren, Simon Eliot, John Feather, David Finkelstein, David Greetham, Robert A. Gross, Deana Heath, Lotte Hellinga, T. H. Howard-Hill, Peter Kornicki, Beth Luey, Paul Luna, Russell L. Martin Ill, Jean-Yves Mollier, Angus Phillips, Eleanor Robson, Cornelia Roemer, Jonathan Rose, Emile G. L Schrijver, David J. Shaw, Graham Shaw, Claire Squires, Rietje van Vliet, James Wald, Rowan Watson, Alexis Weedon, Adriaan van der Weel, Wayne A. Wiegand, Eva Hemmungs Wirtén.
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.
