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Law and Creativity in the Age of the Entertainment Franchise


Part of Cambridge Intellectual Property and Information Law

Kathy Bowrey, Michael Handler, Lionel Bently, Laura Biron, David Lindsay, Johnson Okpaluba, David Rolph, Brent Salter, José Bellido, Fiona Macmillan, Sharon Le Gall
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  • Date Published: November 2014
  • availability: In stock
  • format: Hardback
  • isbn: 9781107039896

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About the Authors
  • 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'.

    • Addresses a gap in both the legal and cultural studies scholarship on legal relations and entertainment franchises
    • Demonstrates how franchise-like dynamics can be seen beyond film and television productions and their related merchandise and commercial tie-ins
    • Draws on law and practice across multiple jurisdictions in order to show that franchise-like dynamics can be seen well beyond the American entertainment industry
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    Reviews & endorsements

    '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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    Product details

    • Date Published: November 2014
    • format: Hardback
    • isbn: 9781107039896
    • length: 255 pages
    • dimensions: 235 x 157 x 16 mm
    • weight: 0.48kg
    • contains: 2 b/w illus. 2 maps
    • availability: In stock
  • Table of Contents

    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.

  • Editors

    Kathy Bowrey, University of New South Wales, Sydney
    Kathy Bowrey is a Professor at the Faculty of Law, University of New South Wales, Sydney.

    Michael Handler, University of New South Wales, Sydney
    Michael Handler is an Associate Professor at the Faculty of Law, University of New South Wales, Sydney.


    Kathy Bowrey, Michael Handler, Lionel Bently, Laura Biron, David Lindsay, Johnson Okpaluba, David Rolph, Brent Salter, José Bellido, Fiona Macmillan, Sharon Le Gall

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