You are looking at 1 - 5 of 5 items

  • Author or Editor: Nicola Lucchi x
Clear All Modify Search
You do not have access to this content

Nicola Lucchi

This chapter focus on copyright as a possible and additional form of intellectual property protection for engineered DNA sequences. Considering the evolving conception of copyright subject matter, the current narrow patent-eligible protection over living organisms and the advance of emerging technosciences like synthetic biology, the chapter looks with a renewed interest to copyright law as an additional potential form of protection for engineered biological creations. In particular, the contribution of this chapter is to reveal that copyright seems not only flexible enough to handle contemporary technologies producing living organisms, but also socially preferable to patent protection for accessing and using essential public knowledge assets in the life sciences.

You do not have access to this content

Enrico Bonadio and Nicola Lucchi

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 the US, the 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.

You do not have access to this content

Non-Conventional Copyright

Do New and Atypical Works Deserve Protection?

Edited by Enrico Bonadio and Nicola Lucchi

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 content is available to you

Edited by Enrico Bonadio and Nicola Lucchi

You do not have access to this content

Enrico Bonadio*, Nicola Lucchi and Oreste Pollicino

As is known, new technologies have profoundly changed the way content is produced, shared and disseminated. One of the most recent (and worrying) changes is the phenomenon of ‘fake news’, especially since disinformation and intentional misrepresentation of real information have started to affect individual decision-making in the political sphere. It is a worrying phenomenon because the dissemination of fake news can challenge democratic values and undermine national security.

Against this background, can copyright play a role in the fight against fake news? And what is the relationship between such news and copyright in the first place? Fake news in theory falls within copyright subject matter and may often meet the requirements for protection. The paper analyses three recent examples of fake news which have been widely disseminated online – and makes the point that copyright may subsist in such news. Yet, despite such content being potentially capable of attracting protection, we propose to remove any copyright which may arise on grounds of public interest. Indeed, when a work is protected by copyright, right holders have an incentive to exploit it, as the monopoly granted to them increases the ability to extract profits out of the work, for example via licensing. This may contribute to encouraging creators of fake news to spread such content across multiple channels to reach wide audiences. Excluding copyright could therefore help make fake news less appealing. A short reference will also be made to copyright defences which may be relied on by entities and individuals who check news’ accuracy (fact-checkers) – that is, the fair use doctrine under US law and several exceptions under EU (and UK) law, namely transient use, text and data mining, criticism and review and public security.

* All authors contributed equally to this manuscript and are listed alphabetically.