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.’
– Professor Mark A. Lemley, Director, Stanford Law School, US
The creation of works of comic art, including graphic novels, comic books, cartoons and comic strips, and political cartoons, is affected, and at times limited, by a diverse array of laws, ranging from copyright law to free speech laws. This book examines how this intersection affects the creative process, and proposes approaches that encourage, rather than limit, that process in the comic art genre. Attention to the role comic art occupies in popular culture, and how the law responds to that role, is also analyzed.
Contents
Contents: I. Introduction II. Creativity and the Law 1. The Neuroscience of Creativity 2. How the Law Views the Creative Process III. Comic Art - History, Structure and Mode 3. A Brief History of Comic Art 4. The Structure and Common Modes for Comic Art IV. The Impact of Law on the Creation and Structure of Comic Art 5. Uneasy Bedfellows: Comic Art Creators and Publishers - How Comic Art Publishing Contracts Shape the Creation of Comic Art 6. Copyright Law’s Impact on the Creative Process in Comic Art 7. A Short Comment on Derivative Works and Fan Art and Fiction V. Constraining Creativity: The Effect of Tax Law and Obscenity Law on the Creative Process 8. The Power to Tax and the First Amendment: Mavrides v. Board of Equalization 9. Censoring Creativity, The Comics Code Authority, and the Birth of the Comic Book Legal Defense Fund 10. Obscenity Law and the First Amendment: CBLDF to the Defense 11. The Bigger Picture: Obscenity, the First Amendment, and the Moral Education of the Young VI. Comic Art and Law in the International and Digital Markets 12. Comic Art and the Law in the International Marketplace 13. Comic Art, Law and the Digital Revolution 14. Concluding Remarks Index Cover art by Darick Robertson
Further information
‘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, William H. Hannon Professor of Law, Loyola Law School and chief US negotiator for the Beijing and Marrakesh copyright treaties
