Creative Expression and the Law

Creative Expression and the Law

Nancy Whitmore


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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.


Nancy Whitmore:

Nancy J. Whitmore is a professor of journalism in the Eugene S. Pulliam School of Journalism at Butler University. She served as director of the school from 2008 to 2016. Her scholarly work focuses largely on First Amendment theory and includes published research on free speech issues and economic expression. Throughout her academic career, she has taught a variety of journalism and public relations courses and has extensive teaching experience in media law.