Comic Art, Creativity and the Law : Elgar Law and Entrepreneurship series - Marc H. Greenberg

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Comic Art, Creativity and the Law

By: Marc H. Greenberg

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Hardcover | 23 September 2022 | Edition Number 2

At a Glance

Hardcover
224 Pages

Dimensions(cm)
23.4 x 15.6 x 1.91

Hardcover

$307.75

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Graphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of Comic Art, Creativity and the Law update the author's analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art.

Throughout, Marc H. Greenberg examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process. He considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. Thoroughly revised and updated, there are new chapters featuring a discussion of important new cases in copyright work-for-hire and fair use doctrines; the intersection of law and fan-based creations, such as fan fiction, fan art, fan film and cosplay; as well as a new chapter on licensing comics for motion pictures and television.

Designed for academics, practitioners, students of law and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

Industry Reviews

Acclaim for the first edition:

'Mark Greenberg's Comic Art, Creativity and the Law outlines the protective, and often restrictive, aspects of the relationship between the law and the comic book industry. Greenberg's text is a very accessible, even enjoyable read. While Comic Art, Creativity and the Law is fascinating, even compelling, its principle audience is entertainment comic book creators, attorneys, and fans.' -- Allen Berry, Technical Communication
'Talk about an interesting project! This really quite riveting book from Edward Elgar's Law and Entrepreneurship series explores a not very much explored area of the law; that is the effect, for better or worse, of the law on creativity and the creative process. . . While the book could be considered a guide to 'the law of comics', it is more than that. There is much analysis and commentary on the history, structure and modes of comic art, after which, the discussion turns to two legal doctrines: contract and copyright law. The impact of tax and obscenity laws is also discussed. . . With the ten pages 'table of authorities' and extensive footnoting, the book is a carefully researched academic study as well as a fascinating read. No doubt it will end up as an exceptionally well-thumbed volume in practitioners' libraries on both sides of the Atlantic - and fans anywhere, of cartoons and comics will love it.' -- The Barrister Magazine
'Marc Greenberg combines his professional expertise and deep knowledge of comics history to provide the first book-length treatment of the subject of law as it applies to comics. . . an invaluable resource for understanding the issues.' -- Rob Salkowitz, ICV2
'Comic Art, Creativity and the Law is a highly welcome addition to the literature on the development of comic art. The book stands out in its knowledge of the comic industry and analysis of the legal challenges confronting creative artists. You will enjoy reading it whether you are an art law specialist or a Spiderman fan.' -- Peter K. Yu, Drake University Law School, US
'In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics - and all creative enterprises - in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.' -- Rob Salkowitz, author of Comic-Con and the Business of Pop Culture
'Marc Greenberg's Comic Art, Creativity and the Law gives a detailed, thoughtful "look under the hood" of one of the United States' most vibrant and under appreciated creative industries. For anyone who cares about truly understanding the creative process and the lives of authors in our times, this should be part of your library.' -- Justin Hughes, Loyola Law School and chief US negotiator for the Beijing and Marrakesh copyright treaties
'An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg's book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.' -- Mark A. Lemley, Stanford Law School, US

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