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Intellectual Properties And The Protection Of Fictional Characters
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Book Synopsis Intellectual Properties and the Protection of Fictional Characters by : Dorothy J. Howell
Download or read book Intellectual Properties and the Protection of Fictional Characters written by Dorothy J. Howell and published by Bloomsbury Publishing USA. This book was released on 1990-07-30 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fan Fiction and Copyright by : Professor Aaron Schwabach
Download or read book Fan Fiction and Copyright written by Professor Aaron Schwabach and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Lo's Diary written by Pia Pera and published by Foxrock Books. This book was released on 2000-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Economic Structure of Intellectual Property Law by : William M. LANDES
Download or read book The Economic Structure of Intellectual Property Law written by William M. LANDES and published by Harvard University Press. This book was released on 2009-06-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Intellectual Property and Open Source by : Van Lindberg
Download or read book Intellectual Property and Open Source written by Van Lindberg and published by "O'Reilly Media, Inc.". This book was released on 2008-07-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Community Trade Mark Law by : Frank Bøggild
Download or read book Community Trade Mark Law written by Frank Bøggild and published by Kluwer Law International B.V.. This book was released on 2015-12-23 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction in Europe in 1996 of the Community trade mark (CTM) brought into being a new and independent trade mark system with its own sources of law, its own procedures, and its own administrative and judicial bodies, notably the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the agency designated to process applications for the registration of CTMs. In 2011, OHIM for the first time received 100,000 applications in one and the same year – which was also the year in which the one millionth application was filed. Case law of the European Court of Justice (ECJ) and the European General Court (EGC) on the interpretation of the Trade Mark Regulation and the Trade Mark Directive is – together with decisions of OHIM and its Boards of Appeals – absolutely central to the understanding of Community trade mark law, including the trade mark laws of Member States. This book offers an in-depth scrutiny, categorization, and analysis of this extensive body of case law. Focusing on issues of practical relevance for practitioners, the chapters cover such aspects of Community trade mark law as the following: • OHIM's procedure for registration; • the appeals system (OHIM's Boards of Appeals, the EGC, and the ECJ); • trade mark strategies; • absolute and relative grounds for refusal; • three-dimensional trade marks; • non-registered national trade marks and registration in bad faith; • trade marks with a reputation; • acquired distinctiveness; • trade mark functions and use as a trade mark; • limitations of exclusivity; • nature and extent of genuine use; • grounds for revocation and invalidity; • transfer of trade marks and licensing; • national trade mark courts. Also covered are the pending and proposed amendments to the Trade Mark Regulation and the Trade Mark Directive. This book covers in depth the practical applications of this important and much-used body of law. It will be of enormous value and benefit to company lawyers, attorneys, trade mark attorneys, and anyone else dealing with trade mark law, whether on a Community level or nationally.
Book Synopsis The Wind Done Gone by : Alice Randall
Download or read book The Wind Done Gone written by Alice Randall and published by Houghton Mifflin Harcourt. This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: A parody of Gone with the wind, this novel tells the story of Cynara, the mulatto half-sister born into slavery who eventually triumphs.
Book Synopsis Nimmer on Copyright by : Melville B. Nimmer
Download or read book Nimmer on Copyright written by Melville B. Nimmer and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Abie's Irish Rose written by Anne Nichols and published by . This book was released on 1927 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: During World War I, Abie Levy, a soldier in the A. E. F., is wounded in combat. While recovering in a hospital, he meets Rosemary Murphy, an entertainer. They fall in love, return to the United States, and get married in an Episcopal church in Jersey City. Abie takes Rosemary to his home and introduces her as his sweetheart, Rosie Murpheski; they are then married by a rabbi. Mr. Murphy arrives with a priest and, amid discord and discontent, the young people are married again, this time by the priest. Disowned by both families, Rosemary and Abie are befriended only by the Cohens. On Christmas Eve, the Cohens and their rabbi persuade Solomon to see his son and his new grandchildren; the priest urges Mr. Murphy to do the same. This surprise visit begins in acrimony, but ends peacefully as Rosemary presents her newborn twins: Patrick Joseph, named for her father, and Rebecca, named for Abie's dead mother.
Book Synopsis Character Merchandising by : Adams, John Norman Adams
Download or read book Character Merchandising written by Adams, John Norman Adams and published by Butterworths. This book was released on 1996-09-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sherlock Holmes: A Drama in Four Acts by : Doyle A.C.
Download or read book Sherlock Holmes: A Drama in Four Acts written by Doyle A.C. and published by Рипол Классик. This book was released on with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Conan Doyle (1859 – 1930) was an English writer best known for his detective stories about Sherlock Holmes. “Sherlock Holmes: A Drama in Four Acts” is a four-act play by William Gillette and Sir Arthur Conan Doyle, based on several stories about the world-famous detective.
Book Synopsis Managing Intellectual Property for Museums by : Rina Elster Pantalony
Download or read book Managing Intellectual Property for Museums written by Rina Elster Pantalony and published by WIPO. This book was released on 2013 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide, prepared by Rina Elster Pantalony, was recently updated to reflect the tremendous developments since it was first published in 2007, in particular Digital Rights Management, the role of social media as a business opportunity and traditional knowledge. The two-part Guide first describes IP issues relevant to museums then reviews existing business models that could provide museums with appropriate opportunities to create sustainable funding, and deliver on their stated objectives.
Book Synopsis Understanding the Business of Entertainment by : Gregory Bernstein
Download or read book Understanding the Business of Entertainment written by Gregory Bernstein and published by CRC Press. This book was released on 2015-05-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know is an indispensable guide to the business aspects of the entertainment industry, providing the legal expertise you need to break in and to succeed. Written in a clear and engaging tone, this book covers the essential topics in a thorough but reader-friendly manner and includes plenty of real-world examples that bring business and legal concepts to life. Whether you want to direct, produce, write, edit, photograph or act in movies, this book covers how to find work in your chosen field and examines the key provisions in employment agreements for creative personnel. If you want to make films independently, you’ll find advice on where to look for financing, what kinds of deals might be made in the course of production, and important information on insurance, releases, and licenses. Other topics covered include: Hollywood’s growth and the current conglomerates that own most of the media How specific entertainment companies operate, including facts about particular studios and employee tasks. How studios develop projects, manage production, seek out independent films, and engage in marketing and distribution The kinds of revenues studios earn and how they account for these revenues How television networks and new media-delivery companies like Netflix operate and where the digital revolution might take those who will one day work in the film and TV business As an award- winning screenwriter and entertainment attorney, Gregory Bernstein give us an inside look at the business of entertainment. He proves that knowing what is behind filmmaking is just as important as the film itself.
Download or read book Copyright written by Paul Goldstein and published by Company Law & Business. This book was released on 1995-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property by : Deborah E. Bouchoux
Download or read book Intellectual Property written by Deborah E. Bouchoux and published by Cengage Learning. This book was released on 2012 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, 4E, International Edition is a thorough guide to the four fields of intellectual property law: trademarks, copyrights, patents, and trade secrets. This comprehensive, yet reader-friendly text helps aspiring and practicing paralegals alike master the complexities of modern intellectual property law, including topics such as registration procedures, duration of rights, protection from infringement, current concerns in each field, and international trends and developments. Now updated in a new Fourth Edition, this wide-ranging text features coverage of cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. In addition to an in-depth overview of each field, the text features abundant practical material, such as sample agreements, forms, checklists of paralegal tasks, charts, citations, statutes, realistic case studies, excerpts of real cases, and interesting trivia to capture students' interest and provide valuable insights into real-world paralegal practice. Additional features useful for paralegal students and professionals include references to intellectual property websites, questions to encourage targeted Internet research, Case Illustrations, Case Study and Activities, Role of Paralegal element, and "Ethics Edge" boxes that explore ethical issues related to chapter content.
Book Synopsis Digital Copyright by : Jessica Litman
Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Download or read book A Guide to Copyrights written by and published by . This book was released on 1994 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide gives some basic information about the intricate subject of copyright. Your original work is worth a great deal to you. It pays to protect your intellectual property by knowing your rights and how to use them. The guide looks at what a copyright is, how it can benefit you, the advantages of registering your copyright, and how to go about it.
