Creative Expression and the Law

By: Nancy Whitmore

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Paperback | 18 June 2021

At a Glance

Paperback
224 Pages

Dimensions(cm)
15.1 x 22.9 x 1.9

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Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape.

The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

Industry Reviews

With more and more content created outside the traditional workspace and thus not protected by large corporate legal teams, how laws protect creatives is under constant challenge, either in copyright, trademarks, or other facets pertaining to the protection of creative work. Whitmore offers her expertise to assist content creators in understanding the roots of work protection in American history and how it has been used to both protect and harm the rights of content creators. Whitmore uses trademark case studies, such as Starbucks coffee and Star Bock beer (Rex Wayne Bell v. Starbucks US Brands, LLC.), and false advertising cases, such as MillerCoors, LLC. v. Anheuser-Busch Cos., LLC., to give real-world context to the case law she discusses. Creative Expression and the Law reads in a manner that distinguishes it from a legal text book. Whitmore includes images, charts, and infographics to offer readers more context on the topics under discussion. Her writing is easily understandable; she explains legal terms in each chapter and cites case law for readers' potential future study. Highly recommended. All readership levels.

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