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 20: Copyright and pornography

Enrico Bonadio and Nicola Lucchi

Abstract

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.

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