Do New and Atypical Works Deserve Protection?
Edited by Enrico Bonadio and Nicola Lucchi
Chapter 22: Non-conventional copyright: an economic perspective
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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