Marc H. Greenberg
Comic art, creativity and the law
Edward Elgar (series: Elgar Law and Entrepreneurship), Cheltenham, UK, 2014, xix, 199 pp.
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.
The neuroscience of creativity
-- How law views the creative process
-- A brief history of comic art
-- The structure and common modes for comic art
-- Uneasy bedfellows : comic art creators and publishers : how comic art publishing contracts shape the creation of comic art
-- Copyright law's impact on the creative process in comic art
-- A short comment on derivative works, fan art and fiction
-- The power to tax and the First Amendment : Mavrides v. Board of Equalization-- Censoring creativity, the Comics Code Authority and the birth of the Comic Book Legal Defense Fund
-- Obscenity law and the First Amendment : CBLDF to the defense
-- The bigger picture : obscenity, the First Amendment and the moral education of the young
-- Comic art and the law in the international marketplace
-- Comic art, law and the digital revolution
-- Concluding remarks.
Marc H. Greenberg, professor of law, Golden Gate University School of Law, USA.