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Print Book :1 volume, softbound, updated annually
ISBN: 9781522137009
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This publication is designed to help artists and attorneys in the field understand the rights and responsibilities of artists and their work. It is broad based including detailed information on copyright and trademark rights, rights of publicity and censorship of an artist’s work. The book includes directions as well as practical guidance on these complex issues. It includes in one publication all of the information you need to protect yourself and/or your clients.

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Table of Contents

Ch. 1 Copyright

Pt. 1 Copyright Basics

Pt. 2 Copyrightable Subject Matter: Originality and Creativity

Pt. 3 Ideas vs. Expressions

Pt. 4 Scènes à faire and Merger

Pt. 5 Copyright Term and the Public Domain

Pt. 6 Useful Articles—Utilitarian and Functional Works

Pt. 7 Derivative Works

Pt. 8 Works Made for Hire and Copyright Ownership

Pt. 9 Fair Uses

Pt. 10 Steps of a Copyright Dispute

Ch. 2 Trademark

Pt. 1 Trademark Concepts

Pt. 2 Determining the Strength of Marks

Pt. 3 Federal, State, and Common Law Trademarks

Pt. 4 False Endorsement and False Designation of Origin

Pt. 5 Trademark Infringement

Pt. 6 Affirmative Defenses and Avoidances

Pt. 7 Trademark Dilution

Pt. 8 Trade Dress

Pt. 9 Fair Use

Ch. 3 Right of Publicity

Pt. 1 The Concept of a Right of Publicity

Pt. 2 Differentiating the Right of Privacy from the Right of Publicity

Pt. 3 Theoretical and Public Policy Justifications for the Right of Publicity

Pt. 4 The Requirements of a Right of Publicity Claim

Pt. 5 Fair Use of Celebrity Names, Images, and Likenesses

Pt. 6 The Future of the Right of Publicity

Ch. 4 Moral Rights and the Visual Artists Rights Act

Pt. 1 The Concept of Moral Rights

Pt. 2 Types of Moral Rights

Pt. 3 America's Non-Recognition of Moral Rights (Before VARA)

Pt. 4 Moral Rights under the Visual Artists Rights Act

Pt. 5 Droit de Suite and Economic Continuation Rights

Ch. 5 Censorship and Artistic Expression

Topic 1 National Security, Hate Speech and Symbolic Expression

Pt. 1 A Short History of Censorship

Pt. 2 Public Policy Behind the First Amendment

Pt. 3 Protecting National Security and Social Order

Pt. 4 Fighting Words and Hate Speech

Pt. 5 Censorship of Symbolic Expression

Topic 2 Censorship of Obscenity and Pornography

Pt. 1 History of the Censorship of Obscenity

Pt. 2 The Current Standards for Obscenity Under Miller

Pt. 3 Evidentiary Issues for Censorship of Obscenity Under Miller

Pt. 4 Censorship of Child Pornography

Topic 3 Content-Neutral Regulation and Censorship of Art

Pt. 1 The Origin of the Content-Neutral Regulation of Symbolic Speech and Expressive Conduct

Pt. 2 Licensing, Leases, and Permits as a Regulation of Art

Pt. 3 Regulation and Censorship of Art on Government Property

Pt. 4 Indirect Censorship of Art through Government Funding Restrictions

Pt. 5 Private, Non-Governmental Censorship