Non-Conventional Copyright
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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.
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Chapter 2: Copyright and conceptual art

Shane Burke

Abstract

This chapter, focusing on language as a signature style of conceptual art, argues that copyright law struggles to protect the artistic authorship inherent in text instructions used to communicate the work to those who execute its final visual form. Looking at the early works of Sol LeWitt, it will be contended that, irrespective of whether more traditional or progressive approaches to the legal definition of art are employed, more systemic forms of artistic production, particularly those that involve a literary to visual ‘translation’ of the work as part of that process of production, will currently struggle to be fully protected by copyright law.

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