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 10: Copyright protection for modern comedic material

Trevor M. Gates


This chapter considers whether U.S. copyright law should be more flexible in its application to modern comedic material. It explores difficulties comedians face in relying on copyright law to protect their rights in their works, how a U.S. court might currently handle a copyright infringement action between comedians involving modern comedic material, and potential solutions to help comedians enforce their rights in their works. This chapter concludes that, while there are ways U.S. copyright law could be more flexible in its application to the comedy industry to help comedians enforce their rights in their works, substantially altering existing copyright law to benefit the comedy industry is not the best solution.

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