Teenage Mutant Ninja Turtles (TMNT) is a massive ongoing franchise that began as a 1984 self-published comic book created by Kevin Eastman and Peter Laird. Its history is intertwined with the creators' rights movement and the Creator's Bill of Rights (CBR), which rejected work-for-hire contracts, wherein creative laborers—creative authors—cede authorial control of their labor. Because the production of comic books and their franchises is highly collaborative, intellectual property (IP) rights are often consolidated in a single rights holder—a corporate author—via work-for-hire contracts. Eastman and Laird, as both creative and corporate authors, initially maintained strict control of TMNT licensees, but allowed their employees to retain IP rights over creative contributions to TMNT. However, in 1992, Eastman and Laird sent retroactive work-for-hire contracts to all current and former employees. This TMNT case study illustrates how the CBR represented the conflicting interests of publishers and creative laborers and ultimately reinforced the individualistic view of authorship that undergirds work-for-hire doctrine. Additionally, because IP legal infrastructure uses individualistic discourse to consolidate control of media franchises in one entity that allows authorized individuals access to a shared database of creative expressions that workers can borrow from or add to, media franchises resemble folklore and are made via a database mode of production. The romantic vision of authorship (and authorial control) upon which the CBR was founded ultimately went on to serve publishers rather than creators working for media properties, repeating a pattern that has existed since the inception of copyright and authorship.
| Identifer | oai:union.ndltd.org:unt.edu/info:ark/67531/metadc1944328 |
| Date | 05 1900 |
| Creators | Cardenas, Jen |
| Contributors | Mandiberg, Stephen, Brannon Donoghue, Courtney, Porst, Jennifer |
| Publisher | University of North Texas |
| Source Sets | University of North Texas |
| Language | English |
| Detected Language | English |
| Type | Thesis or Dissertation |
| Format | Text |
| Rights | Public, Cardenas, Jen, Copyright, Copyright is held by the author, unless otherwise noted. All rights Reserved. |
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