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 22: Non-conventional copyright: an economic perspective

Tim W. Dornis


Today’s marketplaces for creative products are anything but homogeneous. Products, actors, structure – virtually any market for products of the human mind (seen in light of potential copyright protection) is unique and in flux. Yet, legal doctrine still offers a largely uniform level of rights protection. Such monolithic invariance is the root of many problems, namely a ubiquitous tendency of over-protection. So far, much of the discussion neglects the reality of modern copyright. What is required, therefore, is a closer look at the specific circumstances of the many real-world scenarios. Indeed, looking at this book’s many examples, where non-conventional subject matter of copyright can be found, provides for a rich and inspiring object of analysis – in particular under an economic lens.

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