Hardback
Literary Characters in Intellectual Property Law
This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law, challenging important foundations that underscore engagement with literary characters. Using interesting examples, and referencing literary theory, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of owners, authors, appropriators, and consumers.
More Information
Critical Acclaim
Contents
More Information
This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law. Using interesting examples, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of appropriators, authors, consumers and owners.
The author challenges and corrects fundamental assumptions and misconceptions about intellectual property rights claims to literary characters, questioning some important foundations that underscore commercial, cultural, legal and social engagement with literary characters. With critical analysis of issues such as copyright, the moral right of integrity, registered and unregistered trademarks, and exceptions to infringement, as well as references to literary theory, the book also has interdisciplinary appeal across the social sciences.
Providing an excellent addition to the literature regarding cultural studies and the law, this book will be of practical use for academics, students, lawmakers, legal practitioners, and professionals with an interest in literary character appropriation. It will also be a thought-provoking resource for students both in intellectual property law, and any of the social sciences engaging with literature and the arts.
The author challenges and corrects fundamental assumptions and misconceptions about intellectual property rights claims to literary characters, questioning some important foundations that underscore commercial, cultural, legal and social engagement with literary characters. With critical analysis of issues such as copyright, the moral right of integrity, registered and unregistered trademarks, and exceptions to infringement, as well as references to literary theory, the book also has interdisciplinary appeal across the social sciences.
Providing an excellent addition to the literature regarding cultural studies and the law, this book will be of practical use for academics, students, lawmakers, legal practitioners, and professionals with an interest in literary character appropriation. It will also be a thought-provoking resource for students both in intellectual property law, and any of the social sciences engaging with literature and the arts.
Critical Acclaim
‘This review’s description of Literary Characters in Intellectual Property Law cannot do justice to the rich, evocative, and engaging prose with which it is conveyed. The book is truly a joy to read. McCutcheon’s thoughtful approach to her subject reveals a passion project that has been allowed to percolate over time (a rare gem in modern academia) and her footnotes will be a rich resource for intellectual property aficionados.’
– Daniela Simone, IP Forum: Intellectual Property Forum
‘It is a timely, comprehensive analysis of an important part of creative production. Hopefully this book will also make its way in front of judges and policy makers around the globe, as its gentle contemplation and suggestions of ways through these complexities is an especially important original contribution to the literature on character rights. Most of all though, I encourage people to read this work for how beautifully the problem is picked apart. This is a beautifully written book that is pure poetry in its descriptions. It uses vignettes and small snippets of literature and character to draw you in to what McCutcheon terms the “nebulous miasma” that is the literary character. It will have you rethinking assumptions and questioning your own relationships to the characters that have influenced your understanding of the way stories work.’
– Sarah Hook, Australian Intellectual Property Journal
– Daniela Simone, IP Forum: Intellectual Property Forum
‘It is a timely, comprehensive analysis of an important part of creative production. Hopefully this book will also make its way in front of judges and policy makers around the globe, as its gentle contemplation and suggestions of ways through these complexities is an especially important original contribution to the literature on character rights. Most of all though, I encourage people to read this work for how beautifully the problem is picked apart. This is a beautifully written book that is pure poetry in its descriptions. It uses vignettes and small snippets of literature and character to draw you in to what McCutcheon terms the “nebulous miasma” that is the literary character. It will have you rethinking assumptions and questioning your own relationships to the characters that have influenced your understanding of the way stories work.’
– Sarah Hook, Australian Intellectual Property Journal
Contents
Contents: Foreword Introduction to Literary Characters in Intellectual Property Law 1. Works of fiction: are literary characters copyright works? 2. The right to reproduce literary characters 3. The right to adapt literary characters 4. The moral of the story: literary characters and moral rights 5. What’s in a name? Literary characters as registered trade marks 6. Character confusion: literary characters as unregistered
trade marks 7. Sharing characters: exceptions and user rights in literary characters 8. Conclusion to Literary Characters in Intellectual Property Law Index
trade marks 7. Sharing characters: exceptions and user rights in literary characters 8. Conclusion to Literary Characters in Intellectual Property Law Index
