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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.
List of contents
Preface
Introduction to Intellectual Property LawHistorical 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 PropertyCharacter 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
About the author
Dorothy J. Howell, formerly an applied microbial ecologist, environmental counsel and educator, is a candidate for the PhD in environmental studies at Antioch New England Graduate School. She is the author of Ecology for Environmental Professionals (Quorum, 1994), Scientific Literacy and Environmental Policy (Quorum, 1992), and Intellectual Properties and the Legal Protection of Fictional Characters (Quorum, 1990).
