Law and Creativity in the Age of the Entertainment Franchise (Cambridge Intellectual Property and Information Law)
Cambridge University Press, 11/13/2014
EAN 9781107039896, ISBN10: 1107039894
Hardcover, 255 pages, 23.5 x 15.7 x 1.6 cm
Language: English
Much of the real value in the entertainment industry today lies in franchises – fictional universes, entertainment concepts, reinventions of cultural traditions and celebrity – that create an ongoing presence in the marketplace. The entertainment franchise now shapes the global cultural landscape. However, scholars have devoted little attention to how intellectual property law has changed or is being stretched in practice to accommodate this type of creativity and form of enterprise. Covering law and practice in jurisdictions such as the UK, the EU, the USA, Australia, Spain and the Caribbean, this collection explores the 'fit' of intellectual property laws with specific franchises and tracks the way creators and entrepreneurs work around law's limitations. Case studies include mega-film franchises, fan activity, hip-hop, the management of celebrity reputation, flamenco, 'Disneyfied' theatre, film and television funding, arts festivals and 'carnival in a box'.
Part I. Introduction
1. Franchise dynamics, creativity and the law Kathy Bowrey and Michael Handler
Part II. The Productivity of the Author Model
Authors, Collaborators and Non-Authors
2. The author strikes back
mutating authorship in the expanded universe Lionel Bently and Laura Biron
3. Franchises, imaginary worlds, authorship and fandom David Lindsay
4. Digital sampling and music industry practices, re-spun Johnson Okpaluba
Part III. Managing Authorship
5. Building and rebuilding reputations
reflections on the role of defamation law in the life of a celebrity David Rolph
6. Dramatic copyright and the Disneyfication of theatre space Brent Salter and Kathy Bowrey
7. Instituting copyright
reconciling copyright law and industry practice in the Australian film and television sector Kathy Bowrey and Michael Handler
8. Flamenco music in copyright historiography José Bellido
Part IV. Group Rights and Culture
9. Arts festivals
property, heritage or more? Fiona Macmillan
10. Franchising carnival
issues of rights and cultural identity Sharon Le Gall.