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'.
Kathy Bowrey is a Professor at the Faculty of Law, University of New South Wales, Sydney. Michael Handler is an Associate Professor at the Faculty of Law, University of New South Wales, Sydney.
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 Jose 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.