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.
A collection of fifteen essays exploring what folklore is, its history, and how it all connects to the world. Celebrated folklorist, Dorothy Noyes, offers an unforgettable glimpse of her craft and the many ways it matters. Folklore is the dirty linen of modernity, carrying the traces of working bodies and the worlds they live in. It is necessary but embarrassing, not easily blanched and made respectable for public view, although sometimes this display is deemed useful. The place of folklore studies among modern academic disciplines has accordingly been marginal and precarious, yet folklore studies are foundational and persistent. Long engaged with all that escapes the gaze of grand theory and grand narratives, folklorists have followed the lead of the people whose practices they study. They attend to local economies of meaning; they examine the challenge of making room for maneuver within circumstances one does not control. Incisive and wide ranging, the fifteen essays in this book chronicle the “humble theory” of both folk and folklorist as interacting perspectives on social life in the modern Western world. “Tying folklore to larger trends in Western cultural thought, leaving behind narrow concerns with genre or fossilized expressive forms, Humble Theory showcases the potential of folkloristics to contribute meaningfully to interdisciplinary conversations about culture.” —Journal of Folklore Research “Humble Theory is a big book. From a small scholarly field, it announces the most substantial, far-seeing insights into the world’s social life. By writing it, Noyes becomes the kind of public intellectual the United States needs.” —Journal of American Folklore
Information technology has had a major impact on individuals, organizations and society over the past 50 years. There are few organizations that can afford to ignore IT and few individuals who would prefer to be without it. As managerial tasks become more complex, so the nature of the required information systems (IS) changes - from structured, routine support to ad hoc, complex enquiries at the highest levels of management. Global Information Systems aims to present the many complex and inter-related issues associated with culture in the management of information systems. The editors have selected a wide range of contemporary articles from leading experts in North America and Europe that represent a wide variety of different national and cultural environments. They offer valid explanations for, rather than simply pointing out cultural differences in articles that cover a variety of national cultures, including: China, Egypt, Finland, Hong Kong, Hungary, India, Jamaica, Peru South Korea, Kuwait, Mexico, Singapore, Sweden, the United Arab Emirate, the UK, and the US.
Fashionista and event planner to the stars Haley Randolph is staging a St. Patrick's Day bash for one of Hollywood's biggest couples. When she visits the catering company to check on preparations, it looks like the green ice sculptures will be the hit of the party -- until Haley finds a server floating face down in the water tank. Haley becomes the prime suspect in the murder. With a killer -- and a giant leprechaun -- on the loose, she must do some fast sleuthing to find the pot of gold at the end of this rainbow. Will she kiss the Blarney Stone -- or the hot new detective on the case? Haley will need the luck of the Irish to find the killer -- and the hottest handbag of the season!
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.
A Novella in the Haley Randolph Series Fashionista and event planner to the stars Haley Randolph thinks the Thanksgiving Day feast she's organizing for the wealthy young owners of the Pammy Candy Company at their Calabasas mansion will be easy-until the hostess is pushed to her death from a second floor balcony. Money-hungry relatives expecting to dish up a share of the candy company profits, an ex-lover, and a family secret make a tempting recipe for murder. It's a feast of suspects as Haley gobbles up clues that threaten to turn this warm, welcoming occasion into cold leftovers-but with private detective Jack Bishop in charge of the investigation, things heat up fast. Haley searches for the designer handbag of her dreams-but finds a hot new attorney instead-and a killer who knows revenge is a meal best served cold!
Celebrated stories and poems from the original Portable plus later stories, play reviews, articles, book reviews, the Constant Reader, and Parker's collected New Yorker book reviews.
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