Do New and Atypical Works Deserve Protection?
Edited by Enrico Bonadio and Nicola Lucchi
Chapter 3: Copyright in bio art
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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