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Intellectual Properties and the Protection of Fictional Characters Dorothy J. Howell

Intellectual Properties and the Protection of Fictional Characters By Dorothy J. Howell

Intellectual Properties and the Protection of Fictional Characters by Dorothy J. Howell


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Summary

In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property.

Intellectual Properties and the Protection of Fictional Characters Summary

Intellectual Properties and the Protection of Fictional Characters: Copyright, Trademark, or Unfair Competition? by Dorothy J. Howell

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.

About Dorothy J. Howell

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.

Table of Contents

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

Additional information

NPB9780899305066
9780899305066
0899305067
Intellectual Properties and the Protection of Fictional Characters: Copyright, Trademark, or Unfair Competition? by Dorothy J. Howell
New
Hardback
Bloomsbury Publishing Plc
1990-07-30
224
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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