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| 2. |
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Non-Conventional Copyright : Do New and Atypical Works Deserve Protection?
- 2018
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- The 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, 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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| 3. |
- Bonadio, Enrico, et al.
(författare)
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How Far Can Copyright Be Stretched? Framing the Debate on Whether New and Different Forms of Creativity Can Be Protected
- 2019
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Ingår i: Intellectual Property Quarterly. - : Sweet & Maxwell. - 1364-906X. ; :2, s. 115-135
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Tidskriftsartikel (refereegranskat)abstract
- This article expands on whether copyright protection may be available for certain new and non-conventional works as diverse as graffiti, sports movements, DJ sets, culinary presentations, jokes, magic tricks, works created by artificial intelligence and engineered DNA. The potential expansion of copyright in a knowledge-based society is a relevant and topical subject at the moment also in light of the current scholarly and policy debates on the modernisation of copyright rules in many countries, including the EU and US. The issue of whether copyright can protect certain new and non-traditional products of human ingenuity is here addressed by carrying out a specific-work-related analysis of core tenets of copyright laws, including copyrightable subject-matter, originality, fixation and authorship requirements, the functionality exception as well as morality and public policy provisions.
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| 4. |
- Lucchi, Nicola, 1971-, et al.
(författare)
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Copyright and New Forms of Creativity
- 2018
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Konferensbidrag (refereegranskat)abstract
- The proposed investigation aims to draw a picture of current possible new spaces for copyright protection.The presentation will, in particular, expand on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, body painting, culinary works, sport movements, yoga, jokes, magic tricks, dj-sets, perfume making, engineered DNA sequences, typefaces, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection.The first copyright statutes granted protection only to a very few works such as books, charts and maps. In several jurisdictions, for example UK, the belief has for long been shared that just selected and closed categories of artistic and creative endeavours deserve to be protected by this intellectual property right. Yet, such belief has subsequently proved anachronistic, also as a consequence of technological progress. Indeed, the subject matter protected by copyright laws has progressively expanded over the years, covering inter alia photographs, phonographs, works of applied art, films and broadcasts, computer programs and databases: this has taken place not only in jurisdictions having an “open-ended list” of authors’ rights subject matter (such as France, Germany and Netherlands), but also in countries with “closed lists”.The progressive expansion of copyrightable subject matter has not stopped. Authors and creative people are indeed continually finding new ways of expressing themselves, being often difficult to foresee the forms that these new expressive methods will take. And the way the traditional, exhaustive and privileged classification of copyrightable works have been defined (as well as the narrow way “open-ended lists” have often been interpreted by courts) has still little to do with how several contemporary artists, practitioners of new forms of art and entertainment and even commercial enterprises nowadays define their own practice and activity. Therefore, rigid classifications as well as judicial “restrictions” of copyrightable subject matter may (again) become anachronistic as an increasing number of creative human endeavours may produce results which arguably do not fall within any of the enumerated (or judicially identified) categories of protectable works, but that are nevertheless the result of intellectual efforts.The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have jurisprudential impact or have contributed to policy changes at the national level.
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| 5. |
- Lucchi, Nicola, 1971-, et al.
(författare)
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Copyright and Pornography
- 2018
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Ingår i: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?. - : Edward Elgar Publishing. - 9781786434067 ; , s. 418-431
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Bokkapitel (refereegranskat)abstract
- The chapter explores whether pornographic works – intended as creative works consisting of the depiction of women and/or men as sexual beings – can be protected by copyright. After commenting on cases from various jurisdictions including US, UK and France, the authors discuss the critical arguments made both in support and against copyright protection for this controversial subject matter (which is considered by many as morally unacceptable). The chapter concludes that the overriding need to protect free speech makes the argument supporting the copyrightability of this category of works more persuasive and convincing.
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| 6. |
- Lucchi, Nicola, 1971-, et al.
(författare)
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Non-conventional copyright : Do new and non-traditional works deserve protection?
- 2017
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Konferensbidrag (refereegranskat)abstract
- The proposed investigation aims to draw a picture of current possible new spaces for copyright protection. The presentation will, in particular, expand on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, land art, culinary works, sport movements, yoga, jokes, magic tricks, dj-sets, perfume making, TV formats, typefaces, news snippets, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection. The first copyright statutes granted protection only to a very few works such as books, charts and maps. In several jurisdictions, for example UK, the belief has for long been shared that just selected and closed categories of artistic and creative endeavours deserve to be protected by this intellectual property right. Yet, such belief has subsequently proved anachronistic, also as a consequence of technological progress. Indeed, the subject matter protected by copyright laws has progressively expanded over the years, covering inter alia photographs, phonographs, works of applied art, films and broadcasts, computer programs and databases: this has taken place not only in jurisdictions having an “open-ended list” of authors’ rights subject matter (such as France, Germany and Netherlands), but also in countries with “closed lists”. The progressive expansion of copyrightable subject matter has not stopped. Authors and creative people are indeed continually finding new ways of expressing themselves, being often difficult to foresee the forms that these new expressive methods will take. And the way the traditional, exhaustive and privileged classification of copyrightable works have been defined (as well as the narrow way “open-ended lists” have often been interpreted by courts) has still little to do with how several contemporary artists, practitioners of new forms of art and entertainment and even commercial enterprises nowadays define their own practice and activity. Therefore, rigid classifications as well as judicial “restrictions” of copyrightable subject matter may (again) become anachronistic as an increasing number of creative human endeavours may produce results which arguably do not fall within any of the enumerated (or judicially identified) categories of protectable works, but that are nevertheless the result of intellectual efforts.The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may haveThe presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have a jurisprudential impact or have contributed to policy changes at the national level.
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| 7. |
- Lucchi, Nicola, 1971-, et al.
(författare)
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Setting the scene for non-conventional copyright
- 2018
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Ingår i: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?. - : Edward Elgar Publishing. - 9781786434067 ; , s. 1-21
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Bokkapitel (refereegranskat)abstract
- The chapter aims to draw a picture of current possible new spaces for copyright protection. In particular, it expands on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, land art, culinary works, sport movements, yoga, jokes, magic tricks, DJ-sets, perfume making, TV formats, typefaces, news snippets, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection. The chapter focuses on those forms of expression which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter.
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