Intellectual Properties and the Protection of Fictional Characters
Praeger Publishers Inc (Verlag)
978-0-89930-506-6 (ISBN)
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.
DOROTHY J. HOWELL, currently an adjunct visiting professor at Vermont Law School and a visiting professor at Franklin Pierce Law School, is a freelance counsel whose areas of special interest include intellectual property and environmental law. The subject of legal protection for fictional characters is a specialty of Professor Howell's, as she is the author of several novels as well as scholarly materials for a variety of professional audiences.
Preface
Introduction to Intellectual Property Law
Historical Perspective on Intellectual Properties in the United States
Copyright Protection in the Courts: The Elements of an Infringement Action
Copyright Protection in the Courts: Defenses to Copyright Infringement
Trademark Protection and Unfair Competition
Character as Intellectual Property
Character as Copyright or Trademark Property
Special Characters, Special Cases
Case in Point: Tarzan of the Apes
Right of Publicity and Merchandising: Additional Protection for Fictional Characters?
Copyright and Characters, Reconciliation and Prediction
Selected Bibliography
Index
Erscheint lt. Verlag | 30.7.1990 |
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Sprache | englisch |
Maße | 140 x 216 mm |
Gewicht | 454 g |
Themenwelt | Kunst / Musik / Theater ► Film / TV |
Recht / Steuern ► EU / Internationales Recht | |
Recht / Steuern ► Wirtschaftsrecht ► Gesellschaftsrecht | |
ISBN-10 | 0-89930-506-7 / 0899305067 |
ISBN-13 | 978-0-89930-506-6 / 9780899305066 |
Zustand | Neuware |
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