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 3: Copyright in bio art

Jani McCutcheon

Abstract

As a fusion of art and biological science, bio art has an uneasy relationship with copyright. While the confluence of biology, science and art is fertile creative territory, it challenges a number of copyright subsistence doctrines. This can exclude bio art creations from the copyright domain, denying bio artists the copyright protection enjoyed by their conventional artistic peers. As bio art makes stronger claims to a legitimate artistic practice, it precipitates a reflection on whether it should stand on an equal footing with other artistic works protected under copyright law. This chapter describes the broad spectrum of creations that might arguably fall within the contested definitions of bio art. It then explains the potential misalignment between bio art and copyright. Finally, it explores the practical and normative ramifications of this dissonance.

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