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  3. Law and Creativity in the Age of the Entertainment Franchise
  • Cited by 12
Publisher:
Cambridge University Press
Online publication date:
November 2014
Print publication year:
2014
Online ISBN:
9781139626781
DOI:
https://doi.org/10.1017/CBO9781139626781
Series:
Cambridge Intellectual Property and Information Law (27)
Subjects:
Intellectual Property, Law, Film, Media, Mass Communication, International Trade Law, Media, Mass Communication
Information

Book description

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'.

Reviews

'This rich collection details the complex, dispersed collaboration involved in the development of successful entertainment 'franchises' - arguably among the most powerful modes of creative production today. The ten essays depart from the kind of narrow, doctrine-driven scholarship that proliferates in mainstream IP publications to offer models of genuinely significant IP research. The essays extend and deepen critical scrutiny of such key concepts in IP law as creative 'authorship' and original 'work', and address the neglected topic of the institutional management of creative output.'

Martha Woodmansee - Case Western Reserve University, Cleveland

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