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Non-Conventional Copyright
Do New and Atypical Works Deserve Protection?
9781786434067 Edward Elgar Publishing
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.
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Critical Acclaim
Contributors
Contents
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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.
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.
Critical Acclaim
‘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.’
– Bernd Justin Jütte, Archiv für Medienrecht und Medienwissenschaft
‘(This book) has all the features that make it a must-read for every researcher, student and practitioner who works in the field of copyright and wants to understand the directions that copyright is taking from the perspective of its flexibility, absorbing capacity and DNA modifications—all features that are going to determine, but also to be influenced by, the subject-matters it will cover in the next decades.’
– Caterina Sganga, European Intellectual Property Review
‘Enrico Banadio and Nicola Lucchi should be congratulated for curating this edited volume which is both topical and ambitious in its coverage.’
– Poona Mysoor, The Modern Law Review
‘This creative and philosophical text is full of examples of works that could, or should, fall within a more flexible interpretation of copyrighted works. It is an engaging read and provides plain-language analyses of new media, protection of new works, and what works should be protected. Librarians, novice lawyers, and even experienced lawyers will appreciate this text, and it is a must-have for any creator or an academic or intellectual property practice collection.’
– Laura Lemmens, Global Governance of Intellectual Property in the 21st Century
‘This handbook is the most up-to-date and comprehensive treatment of unconventional copyright law in existence proving to both
scholars and students essential reading for a deeper understanding of under-researched areas. As potent, ambitious, often provocative bundle of diverse topics associated with alternative and highly unique forms of artistic expressions, the authors display considerable intellectual nimbleness and provide a stalwart, persuasive discussion of an openminded copyright regime at a moment when its reputation appears fouled.’
– Ines Duhanic, Journal of Intellectual Property Law & Practice
‘This book would appeal to anyone with an interest in copyright, including practitioners, lawyers, legislators, scholars and students alike. It is easily accessible to non-experts in the delivery that focus on the creative expression, but the in-depth analysis also captures the minds of those well versed in copyright. It’s got all the contemporary buzzwords it needs to get anyone excited about debating copyright, and raises some important questions about the future and evolution of copyright protection and creativity.’
– The IPKat
‘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
‘A thought-provoking assemblage of fascinating examinations of creations at the margins of copyright, this collection will surely stimulate debate about the appropriate subject matter of copyright. It ranges from long-disputed examples, such as culinary creations and pornography, to cutting-edge endeavors, such as “bio art” and computer-generated works. Different rationales underlie the contentious character of each claimant to copyright status; this book engagingly invites us to contemplate the “why” as much as the "what" of copyright law.’
– Jane C. Ginsburg, Columbia University, School of Law, US
‘This new volume, edited by Enrico Bonadio and Nicola Lucchi, is impressive not just for the diversity of creative practices that it covers but also for the diversity of its contributors. Legal scholars from Europe, North America, Asia, and Australia share their insights on an incredibly wide range of artistic fields. These chapters do not simply show where copyright law might be heading in the twenty-first century. They also reorient our thinking about more conventional media and the legal issues they will face.’
– Christopher Buccafusco, Cardozo Law School, Yeshiva University, US
‘Now is the right time to address the status of subject matter not conventionally protected by copyright law. This challenging task has been carried out by a highly qualified group of expert commentators in this stimulating, informative and, at times, provocative collection of essays that deal with the protectability of subject matter as diverse as land art, graffiti, culinary preparations, improvised music, jokes, news items, 3D printing and DNA sequences, as well as the legal and moral limits that apply to copyright protection generally. This is a timely examination of the boundaries of contemporary copyright law.’
– Sam Ricketson, The University of Melbourne, Australia
– Bernd Justin Jütte, Archiv für Medienrecht und Medienwissenschaft
‘(This book) has all the features that make it a must-read for every researcher, student and practitioner who works in the field of copyright and wants to understand the directions that copyright is taking from the perspective of its flexibility, absorbing capacity and DNA modifications—all features that are going to determine, but also to be influenced by, the subject-matters it will cover in the next decades.’
– Caterina Sganga, European Intellectual Property Review
‘Enrico Banadio and Nicola Lucchi should be congratulated for curating this edited volume which is both topical and ambitious in its coverage.’
– Poona Mysoor, The Modern Law Review
‘This creative and philosophical text is full of examples of works that could, or should, fall within a more flexible interpretation of copyrighted works. It is an engaging read and provides plain-language analyses of new media, protection of new works, and what works should be protected. Librarians, novice lawyers, and even experienced lawyers will appreciate this text, and it is a must-have for any creator or an academic or intellectual property practice collection.’
– Laura Lemmens, Global Governance of Intellectual Property in the 21st Century
‘This handbook is the most up-to-date and comprehensive treatment of unconventional copyright law in existence proving to both
scholars and students essential reading for a deeper understanding of under-researched areas. As potent, ambitious, often provocative bundle of diverse topics associated with alternative and highly unique forms of artistic expressions, the authors display considerable intellectual nimbleness and provide a stalwart, persuasive discussion of an openminded copyright regime at a moment when its reputation appears fouled.’
– Ines Duhanic, Journal of Intellectual Property Law & Practice
‘This book would appeal to anyone with an interest in copyright, including practitioners, lawyers, legislators, scholars and students alike. It is easily accessible to non-experts in the delivery that focus on the creative expression, but the in-depth analysis also captures the minds of those well versed in copyright. It’s got all the contemporary buzzwords it needs to get anyone excited about debating copyright, and raises some important questions about the future and evolution of copyright protection and creativity.’
– The IPKat
‘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
‘A thought-provoking assemblage of fascinating examinations of creations at the margins of copyright, this collection will surely stimulate debate about the appropriate subject matter of copyright. It ranges from long-disputed examples, such as culinary creations and pornography, to cutting-edge endeavors, such as “bio art” and computer-generated works. Different rationales underlie the contentious character of each claimant to copyright status; this book engagingly invites us to contemplate the “why” as much as the "what" of copyright law.’
– Jane C. Ginsburg, Columbia University, School of Law, US
‘This new volume, edited by Enrico Bonadio and Nicola Lucchi, is impressive not just for the diversity of creative practices that it covers but also for the diversity of its contributors. Legal scholars from Europe, North America, Asia, and Australia share their insights on an incredibly wide range of artistic fields. These chapters do not simply show where copyright law might be heading in the twenty-first century. They also reorient our thinking about more conventional media and the legal issues they will face.’
– Christopher Buccafusco, Cardozo Law School, Yeshiva University, US
‘Now is the right time to address the status of subject matter not conventionally protected by copyright law. This challenging task has been carried out by a highly qualified group of expert commentators in this stimulating, informative and, at times, provocative collection of essays that deal with the protectability of subject matter as diverse as land art, graffiti, culinary preparations, improvised music, jokes, news items, 3D printing and DNA sequences, as well as the legal and moral limits that apply to copyright protection generally. This is a timely examination of the boundaries of contemporary copyright law.’
– Sam Ricketson, The University of Melbourne, Australia
Contributors
Contributors: E. Bonadio, S. Burke, C. Cronin, T. Dagne, T.W. Dornis, F.J. Dougherty, T.M. Gates, M.P. George, E. Haber, T. Iverson, S. Karapapa, Y.M. King, N. Lucchi, M. Maggiore, G. Mazziotti, J. McCutcheon, L. McDonagh, P. Mezei, M. Mimler, A.G. Scaria, C.Y.N. Smith, X. Tang
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
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
