Creative industries, diversity and intellectual property

Document Type

Book Section

Publication Date

3-2018

ISBN

9781786431165

DOI

10.4337/9781786431172

Abstract

This chapter looks to the present and future relationship between IP and the creative industries in the context of diversity. It discusses films (including cartoons) their approaches to homosexuality, gender and discrimination and some examples of this enabling a more inclusive approach to important issues for society. In contrast, the chapter notes that the creative industries themselves often do not pursue diversity, for example the Academy Awards of 2016 and a focus on generating toys of the male, rather than female, characters in Star Wars. Against this backdrop, the chapter explores the contribution which IP can make to the evolving relationship between the creative industries and diversity. Among other examples it explores the 2017 decision of the US Supreme Court regarding the ‘Slant’ trade mark, changes within copyright law regarding some disabilities, changes in power holders as a result of new technologies and contrasting to approaches to IP – some based in utilitarianism, some in respecting cultural diversity. The chapter calls for IP to bring about new approaches to the protection of diversity, and argues that wider methodologies can assist in this.

First Page

359

Last Page

364

Num Pages

6

Series

Research Handbooks in Intellectual Property Series

Series Title

Research Handbook on Intellectual Property and Creative Industries

Publisher

Edward Elgar Publishing

Editor

Abbe E.L. Brown & Charlotte Waelde

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