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Vol 24 No 6 June/July 2019

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

Edited by: Enrico Bonadio, Nicola Lucchi

ISBN13: 9781786434067
Published: October 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00

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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, 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.

Intellectual Property Law
INTRODUCTION- Setting the scene for non-conventional copyright
Enrico Bonadio and Nicola Lucchi
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 Bioart
Jani McCutcheon
4. Street art, graffiti and copyright
Enrico Bonadio
5. Copyright Protection of Tattoos
Yolanda King
6. Copyright in Culinary Presentations
Cathay Smith
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 Comedians
Trevor Gates
11. Now You Own It, Now You Don’t—Or Do You?: Copyright and Related Rights in Magic Productions and Performances
Jay Dougherty
12. Copyright protection of sport moves
Péter Mezei
13. Copyright and typefaces
Arul George Scaria and Mathews George
14. The press publication 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
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
22. Non-Conventional Copyright: An Economic Perspective
Tim Dornis