Protection Of Cartoon Characters Under Intellectual Property Law Regime
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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.
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.
The Copyright Trademark Interface
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Author : Martin Senftleben
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
The Copyright Trademark Interface written by Martin Senftleben and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.
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.
The Economic Structure Of Intellectual Property Law
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Author : William M. LANDES
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
The Economic Structure Of Intellectual Property Law written by William M. LANDES and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Goldstein On Copyright
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Author : Goldstein
language : en
Publisher: Wolters Kluwer
Release Date : 2005-01-01
Goldstein On Copyright written by Goldstein and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
A comprehensive treatise with detailed analysis of every aspect of copyright law, from registration to licensing to infringement and litigation. Written by Paul Goldstein, Professor of Law at Stanford University and of Counsel to Morrison & Foerster. Includes explanations of applicable copyright law to the music, publishing, motion picture, commercial art, and software industries. Also covers international copyright law, as well as the intersection of copyright law with bankruptcy, antitrust law, and Lanham Act doctrines that fill in the gaps in traditional copyright protection.
Transition And Coherence In Intellectual Property Law
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Author : Niklas Bruun
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07
Transition And Coherence In Intellectual Property Law written by Niklas Bruun and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
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.
Brand Hollywood
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Author : Paul Grainge
language : en
Publisher: Routledge
Release Date : 2007-10-31
Brand Hollywood written by Paul Grainge and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-31 with Performing Arts categories.
From the growth in merchandising and product placement to the rise of the movie franchise, branding has become central to the modern blockbuster economy. In a wide-ranging analysis focusing on companies such as Disney, Dolby, Paramount, New Line and, in particular, Warner Bros., Brand Hollywood provides the first sustained examination of the will-to-brand in the contemporary movie business. Outlining changes in the marketing and media environment during the 1990s and 2000s, Paul Grainge explores how the logic of branding has propelled specific kinds of approach to the status and selling of film. Analyzing the practice of branding, the poetics of corporate logos, and the industrial politics surrounding the development of branded texts, properties and spaces - including franchises ranging from Looney Tunes to Lord of the Rings and Harry Potter to The Matrix - Grainge considers the relation of branding to the emergent principle of ‘total entertainment’. Employing an interdisciplinary method drawn from film studies, cultural studies and advertising and media studies, Brand Hollywood demonstrates the complexities of selling entertainment in the global media moment, providing a fresh and engaging perspective on branding’s significance for commercial film and the industrial culture from which it is produced.
Film Copyright In The European Union
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Author : Pascal Kamina
language : en
Publisher: Cambridge University Press
Release Date : 2002-06-20
Film Copyright In The European Union written by Pascal Kamina and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-20 with Law categories.
Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In the first book on this subject, Pascal Kamina unravels the complexities of film protection in the fifteen member states of the European Union, giving special emphasis to the United Kingdom and France. As well as addressing key aspects of film copyright, Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. He details the main features of the domestic legislations of EU member states, and identifies the difficulties awaiting a further harmonization of copyright and neighbouring rights in this field. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe.