Non-Conventional Copyright by Bonadio, Enrico; Lucchi, Nicola;

Long description:

'Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to new advances in technology, not forgetting to investigate the delicate issues around copyright on illegal and immoral works.'
- Christophe Geiger, University of Strasbourg, France

Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection.

With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, perfume making, typefaces, or illegal and immoral works - deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression.

Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read.

Contributors include: E. Bonadio, S. Burke, C. Cronin, T. Dagne, T.W. Dornis, F.J. Dougherty, T.M. Gates, M.P. George, E. Haber, S. Karapapa, Y.M. King, T. Iverson, N. Lucchi, G. Mazziotti, J. McCutcheon, L. McDonagh, M. Maggiore, P. Mezei, M. Mimler, A.G. Scaria, C.Y.N. Smith, X. Tang

This book draws a picture of possible new spaces for copyright. It expands on whether modern copyright law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, dj-sets, 3D printing, works generated by artificial intelligence, perfume making, typefaces, illegal and immoral works - deserve protection. The contributors offer authoritative, coherent and well-argued essays focusing on whether copyright can subsist in these unconventional subject matters.

‘This edited volume provides a rich collection of material that invites further discussion and reflection. The book could not be timelier and the arguments made by the various authors will continue to be relevant even in the near and distant future. Non-Conventional Copyright is not only highly entertaining to read and a valuable resource to resort back to. Moreover it provides as a compilation a balanced view on the arguments for and against copyright protection.’

Table of Contents:

Contents:

Introduction: Setting the scene for non-conventional copyright
Enrico Bonadio and Nicola Lucchi

PART I ART
1. Copyright in the Expanded Field: On Land Art and Other New Mediums
Xiyin Tang

2. Copyright and Conceptual Art
Shane Burke

3. Copyright in Bio art
Jani McCutcheon

4. Street art, graffiti and copyright
Enrico Bonadio

5. Copyright Protection of Tattoos
Yolanda M. King

6. Copyright in Culinary Presentations
Cathay Y. N. Smith

PART II MUSIC AND CULTURE
7. Protecting traditional music under Copyright (and choosing not to enforce it)
Luke McDonagh

8. Music improvisation and copyright
Giuseppe Mazziotti

9. Original Compilations of Musical Works: Can DJ Sets Be Protected by Copyright?
Tom Iverson

10. Copyright Protection for Modern Comedic Material
Trevor M. Gates

11. Now You Own It, Now You Don’t - Or Do You? Copyright and Related Rights in Magic Productions and Performances
F. Jay Dougherty

12. Copyright protection of sport moves
Péter Mezei

PART III INDUSTRY AND SCIENCE
13. Copyright and typefaces
Arul George Scaria and Mathews P. George

14. The press publishers’ right in the European Union: An overreaching proposal and the future of news online
Stavroula Karapapa

15. Law and Odor: Elusive Copyright and Other IP Protection for Fragrances
Charles Cronin

16. Subsistence of Copyright over CAD files in 3D Printing: The Canadian, the U.S. and European Outlook
Teshager Dagne

17. Copyrightability of Engineered DNA Sequences
Nicola Lucchi

18. Artificial Intelligence, Computer Generated Works and Copyright
Massimo Maggiore

PART IV ILLEGALITY AND IMMORALITY
19. Copyright Protection of Illegal Works
Eldar Haber

20. Copyright and Pornography
Enrico Bonadio and Nicola Lucchi

21. On How to Deal with Pandora’s Box – Copyright in Works of Nazi Leaders
Marc Mimler

ECONOMIC EPILOGUE
22. Non-Conventional Copyright: An Economic Perspective
Tim W. Dornis

Index