Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?

Description

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, 3D printing, works generated by artificial intelligence, 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. Contents List of figures List of contributors Foreword 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