Intellectual Properties And The Protection Of Fictional Characters
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Intellectual Properties And The Protection Of Fictional Characters
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Author : Dorothy J. Howell
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1990-07-30
Intellectual Properties And The Protection Of Fictional Characters written by Dorothy J. Howell and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-07-30 with Law categories.
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.
Protection Of Cartoon Characters Under Intellectual Property Law Regime
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Author : Dharmveer Singh Krishnawat
language : en
Publisher:
Release Date : 2008
Protection Of Cartoon Characters Under Intellectual Property Law Regime written by Dharmveer Singh Krishnawat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Fictional characters are at the center of a multibillion-dollar industry, a fact that offers strong motivation for authors to fight to preserve their monopoly in any way they can. Usually copyright law protects a fictional character within the context of the work in which the character appears. In these cases, infringement is found if the alleged infringer had access to the copyrighted work and there is substantial similarity between the copyrighted work and the allegedly infringing work. The issue of separate protection for literary characters arises when the character is removed from the original work, so that the character leads a new and independent life in a separately written piece. Characters that are capable of leading independent lives are those who are especially memorable, such that they stay in a reader's imagination long after the original storyline is forgotten. An author seeking to write a new adventure for Superman, Tarzan, or Sherlock Holmes, must be aware of the legal considerations involved. Literary characters are protected within the copyright of the original work in which they appear, but the law is less clear when a character is separated from the original work and leads an independent life. Therefore, a new approach has to be derived where both the Copyright Laws as well as the Trademark Laws should go side by side.
Literary Characters In Intellectual Property Law
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Author : Jani McCutcheon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02
Literary Characters In Intellectual Property Law written by Jani McCutcheon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.
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.
Fan Fiction And Copyright
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Author : Aaron Schwabach
language : en
Publisher: Routledge
Release Date : 2016-04-15
Fan Fiction And Copyright written by Aaron Schwabach and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
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.
Lo S Diary
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Author : Pia Pera
language : en
Publisher: Foxrock Books
Release Date : 2000-12-12
Lo S Diary written by Pia Pera and has been published by Foxrock Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-12 with Teenage girls categories.
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.
The Author And The Public
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Author : Marilyn Tiki Dare
language : en
Publisher:
Release Date : 1994
The Author And The Public written by Marilyn Tiki Dare and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Copyright categories.
Intellectual Property And Open Source
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Author : Van Lindberg
language : en
Publisher: "O'Reilly Media, Inc."
Release Date : 2008-07-15
Intellectual Property And Open Source written by Van Lindberg and has been published by "O'Reilly Media, Inc." this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-15 with Computers categories.
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
Legal Stories
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Author : Gregory Steirer
language : en
Publisher: University of Michigan Press
Release Date : 2024-07-01
Legal Stories written by Gregory Steirer and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-01 with Law categories.
Tracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time. Steirer’s expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett’s Sam Spade, H. P. Lovecraft’s Cthulhu Mythos, and Robert E. Howard’s Conan the Barbarian, Steirer provides a ground’s eye view of how copyright law has operated and evolved in practice.
The Adventures Of Sam Spade And Other Stories
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Author : Dashiell Hammett
language : en
Publisher: DigiCat
Release Date : 2022-08-01
The Adventures Of Sam Spade And Other Stories written by Dashiell Hammett and has been published by DigiCat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-01 with Fiction categories.
DigiCat Publishing presents to you this special edition of "The Adventures of Sam Spade and other stories" by Dashiell Hammett. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Character Merchandising
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Author : Adams, John Norman Adams
language : en
Publisher: Butterworths
Release Date : 1996-09-30
Character Merchandising written by Adams, John Norman Adams and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-09-30 with Intellectual property categories.
This work is designed to make the subject of character merchandising easy to understand by means of a straightforward text and helpful checklists. Precedents are provided with clear indications given of problems to be borne in mind.