Change search
Link to record
Permanent link

Direct link
BETA
Publications (10 of 59) Show all publications
Bonadio, E. & Lucchi, N. (2019). How Far Can Copyright Be Stretched? Framing the Debate on Whether New and Different Forms of Creativity Can Be Protected. Intellectual Property Quarterly (2), 115-135
Open this publication in new window or tab >>How Far Can Copyright Be Stretched? Framing the Debate on Whether New and Different Forms of Creativity Can Be Protected
2019 (English)In: Intellectual Property Quarterly, ISSN 1364-906X, no 2, p. 115-135Article in journal (Refereed) Published
Abstract [en]

This article expands on whether copyright protection may be available for certain new and non-conventional works as diverse as graffiti, sports movements, DJ sets, culinary presentations, jokes, magic tricks, works created by artificial intelligence and engineered DNA. The potential expansion of copyright in a knowledge-based society is a relevant and topical subject at the moment also in light of the current scholarly and policy debates on the modernisation of copyright rules in many countries, including the EU and US. The issue of whether copyright can protect certain new and non-traditional products of human ingenuity is here addressed by carrying out a specific-work-related analysis of core tenets of copyright laws, including copyrightable subject-matter, originality, fixation and authorship requirements, the functionality exception as well as morality and public policy provisions.

Place, publisher, year, edition, pages
Sweet & Maxwell, 2019
Keywords
copyright law, subject matters, creativity, intellectual property, copyrightability
National Category
Law
Identifiers
urn:nbn:se:hj:diva-43469 (URN)
Available from: 2019-04-14 Created: 2019-04-14 Last updated: 2019-04-15Bibliographically approved
Lucchi, N. & Bonadio, E. (2018). Book Launch Event: Non-Conventional Copyright - May 17 2018 - The Buchmann Faculty of Law, Tel Aviv University & S. Horowitz Institute for IP.
Open this publication in new window or tab >>Book Launch Event: Non-Conventional Copyright - May 17 2018 - The Buchmann Faculty of Law, Tel Aviv University & S. Horowitz Institute for IP
2018 (English)Other (Other academic)
Keywords
copyright, intellectual property, comparative law
National Category
Law (excluding Law and Society)
Identifiers
urn:nbn:se:hj:diva-39197 (URN)
Note

Presentation of the book: E.Bonadio - N. Lucchi, Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?, Edward Elgar Publishing, 2018, pp. XII-528 (ISBN  978 1 78643 406 7).

Introduction: Prof. Michael Birnhack - Commentators: Dr. Eldar Haber - Prof. Efrat Shoham - Prof. Dotan Oliar - Dr. Michal Shur-Ofry

Available from: 2018-04-22 Created: 2018-04-22 Last updated: 2019-02-15Bibliographically approved
Lucchi, N. (2018). Challenges and Opportunities at the Interface of Synthetic Biology, Microbiology and Intellectual Property Rights. In: Harikesh Bahadur Singh, Chetan Keswani & Surya Pratap Singh (Ed.), Intellectual Property Issues in Microbiology: . Singapore: Springer Nature
Open this publication in new window or tab >>Challenges and Opportunities at the Interface of Synthetic Biology, Microbiology and Intellectual Property Rights
2018 (English)In: Intellectual Property Issues in Microbiology / [ed] Harikesh Bahadur Singh, Chetan Keswani & Surya Pratap Singh, Singapore: Springer Nature , 2018Chapter in book (Refereed)
Abstract [en]

During the last decade, the genomics revolution has created powerful instruments for genetic manipulation of living organisms. In addition, new biotechnological tools allow to modify organisms in order to perform specific tasks. In particular, synthetic biology is an emerging trans-disciplinary field that uses engineering principles to design and assemble novel biological components. For example, within the area of industrial microbiology, synthetic biology has contributed to build from scratch or re-engineer new microorganisms or chemical compounds. However, all these scientific and biotechnological innovations present a substantial challenge also for the law and especially for intellectual property rights. Considering this multifaceted scenario, this chapter discuss the current challenges and opportunities at the intersection of synthetic biology, microbiology and intellectual property also proposing alternative form of protection for genetically engineered works created by using synthetic biology.

Place, publisher, year, edition, pages
Singapore: Springer Nature, 2018
Keywords
microbiology, synthetic biology, intellectual property rights, patent, copyright
National Category
Law
Identifiers
urn:nbn:se:hj:diva-38169 (URN)9781780646534 (ISBN)
Available from: 2017-12-14 Created: 2017-12-14 Last updated: 2019-02-15
Lucchi, N. & Bonadio, E. (2018). Copyright and Pornography. In: Enrico Bonadio and Nicola Lucchi (Ed.), Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?: . Edward Elgar Publishing
Open this publication in new window or tab >>Copyright and Pornography
2018 (English)In: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? / [ed] Enrico Bonadio and Nicola Lucchi, Edward Elgar Publishing, 2018Chapter in book (Refereed)
Abstract [en]

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 US, 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.

Place, publisher, year, edition, pages
Edward Elgar Publishing, 2018
Keywords
copyright, immoral works, pornography, comparative law, international law, copyrightability, intellectual property, freedom of expression
National Category
Law
Identifiers
urn:nbn:se:hj:diva-40044 (URN)9781786434067 (ISBN)
Available from: 2018-06-09 Created: 2018-06-09 Last updated: 2019-02-15
Lucchi, N. (2018). Copyrightability of Engineered DNA Sequences. In: Enrico Bonadio and Nicola Lucchi (Ed.), Non- Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?: . Edward Elgar Publishing
Open this publication in new window or tab >>Copyrightability of Engineered DNA Sequences
2018 (English)In: Non- Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? / [ed] Enrico Bonadio and Nicola Lucchi, Edward Elgar Publishing, 2018Chapter in book (Refereed)
Abstract [en]

The chapter focus on copyright as a possible an additional form of intellectual property protection for engineered DNA sequences. Considering the evolving conception of copyright subject matter, the current narrowed patent-eligible protection over living organisms and the advance of emerging technosciences like synthetic biology, the chapter looks with a renewed interest to copyright law as an additional potential form of protection for engineered biological creations. In particular, the contribution of this chapter is to reveal that copyright seems not only flexible enough to handle contemporary technologies producing living organisms, but also socially preferable to patent protection for accessing and using essential public knowledge assets in the life sciences.

Place, publisher, year, edition, pages
Edward Elgar Publishing, 2018
Keywords
copyright, genetic information, DNA, gene, intellectual property, comparative law
National Category
Law
Identifiers
urn:nbn:se:hj:diva-40040 (URN)9781786434067 (ISBN)
Available from: 2018-06-09 Created: 2018-06-09 Last updated: 2019-02-15
Lucchi, N. (2018). Genetic Copyright: An Alternative Method for Protecting and Using Essential Public Knowledge Assets?. European intellectual property review, 40(12), 767-775
Open this publication in new window or tab >>Genetic Copyright: An Alternative Method for Protecting and Using Essential Public Knowledge Assets?
2018 (English)In: European intellectual property review, ISSN 0142-0461, Vol. 40, no 12, p. 767-775Article in journal (Refereed) Published
Abstract [en]

The article focuses on copyright as a possible andadditional form of intellectual property protection forengineered DNA sequences. In particular, recent progress in synthetic biology and bioengineering have triggered a resurgence of the debate on genetic copyright. Considering the evolving conception of copyright subject-matter, the current narrow patent-eligible protection over living organisms and the advance of emerging technosciences such as synthetic biology, the article looks with renewed interest at the debate on copyright law as an additional potential form of protection for engineered biological creations. The contribution of this investigation is to reveal that copyright seems not only flexible enough to handle contemporary technologies producing living organisms, but also socially preferable to patent protection for accessing and using essential public knowledge assets in the life sciences.

Place, publisher, year, edition, pages
Sweet & Maxwell, 2018
Keywords
Biotechnology; Copyright; Genetics
National Category
Law
Identifiers
urn:nbn:se:hj:diva-41886 (URN)
Available from: 2018-10-23 Created: 2018-10-23 Last updated: 2018-10-26Bibliographically approved
Lucchi, N. & Bonadio, E. (2018). Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?. Cheltenham, UK: Edward Elgar Publishing
Open this publication in new window or tab >>Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?
2018 (English)Book (Refereed)
Abstract [en]

The 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, 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.

Place, publisher, year, edition, pages
Cheltenham, UK: Edward Elgar Publishing, 2018. p. 528
Keywords
Copyright; subject matter; Berne Convention; Intellectual Property Rights; Intellectual property;
National Category
Law (excluding Law and Society)
Identifiers
urn:nbn:se:hj:diva-39195 (URN)9781786434067 (ISBN)
Available from: 2018-04-22 Created: 2018-04-22 Last updated: 2019-02-15
Lucchi, N. (2018). Reshaping the boundary of freedom of expression in the Digital Age: Internet and Media Pluralism. In: : . Paper presented at Internet Governance and Human Rights Conference - 24th of April -SKF salen, Handelshögskolan, Gothenburg.
Open this publication in new window or tab >>Reshaping the boundary of freedom of expression in the Digital Age: Internet and Media Pluralism
2018 (English)Conference paper, Oral presentation with published abstract (Other academic)
Abstract [en]

The Internet has arguably become the most crucial infrastructure in contemporary society, yet its governance remains somewhat obscure. Governments, companies, engineers, activists and researchers come together to develop principles, norms, rules, procedures, and programmes that shape the evolution and operation of the Internet. What does this Internet governance mean for human rights, for example, in relation to privacy, online freedoms and various accessibility-related issues? This conference brings leading scholars and practitioners to the University of Gothenburg to share their knowledge and debate the issues.

Keywords
digital media, Internet, human rights, media freedom, media pluralism
National Category
Law
Identifiers
urn:nbn:se:hj:diva-39199 (URN)
Conference
Internet Governance and Human Rights Conference - 24th of April -SKF salen, Handelshögskolan, Gothenburg
Available from: 2018-04-23 Created: 2018-04-23 Last updated: 2019-02-15
Lucchi, N. & Bonadio, E. (2018). Setting the scene for non-conventional copyright. In: Enrico Bonadio and Nicola Lucchi (Ed.), Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?: . Edward Elgar Publishing
Open this publication in new window or tab >>Setting the scene for non-conventional copyright
2018 (English)In: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? / [ed] Enrico Bonadio and Nicola Lucchi, Edward Elgar Publishing, 2018Chapter in book (Refereed)
Abstract [en]

The chapter aims to draw a picture of current possible new spaces for copyright protection. In particular, it expands on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, land art, culinary works, sport movements, yoga, jokes, magic tricks, DJ-sets, perfume making, TV formats, typefaces, news snippets, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection. The chapter focuses on those forms of expression which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. 

Place, publisher, year, edition, pages
Edward Elgar Publishing, 2018
Keywords
copyright, copyright ability, intellectual property, international law, comparative law, non-conventional subject matters
National Category
Law
Identifiers
urn:nbn:se:hj:diva-40043 (URN)9781786434067 (ISBN)
Available from: 2018-06-09 Created: 2018-06-09 Last updated: 2019-02-15
Lucchi, N. (2017). Media Freedom and Pluralism in the Digital Infrastructure. In: Patricia Jonason & Anna Rosengren (Ed.), The Right of Access to Information and the Right to Privacy: A Democratic Balancing Act (pp. 151-160). Huddinge: Södertörns högskola
Open this publication in new window or tab >>Media Freedom and Pluralism in the Digital Infrastructure
2017 (English)In: The Right of Access to Information and the Right to Privacy: A Democratic Balancing Act / [ed] Patricia Jonason & Anna Rosengren, Huddinge: Södertörns högskola , 2017, p. 151-160Chapter in book (Other academic)
Abstract [en]

The paper considers the global impacts of digital communication technologies and how they can influence media pluralism and media freedom as well as the ways in which legal systems aim to support and protect them within the context of ongoing technological developments. In particular, it suggests that although new media may potentially help pluralism, there are also significant challenges to achieving effective freedom and pluralism through new media. The paper concludes by proposing recommendations on how the current legislation could be used, adapted or modified in order to encourage media freedom and pluralism also in the digital context. 

Place, publisher, year, edition, pages
Huddinge: Södertörns högskola, 2017
Series
Working paper ; 2017:2
Keywords
media pluralism; freedom of expression; internet; information law; media law
National Category
Law
Identifiers
urn:nbn:se:hj:diva-37884 (URN)978-91-88663-30-6 (ISBN)
Available from: 2017-12-06 Created: 2017-12-06 Last updated: 2017-12-18Bibliographically approved
Organisations
Identifiers
ORCID iD: ORCID iD iconorcid.org/0000-0001-8611-0072

Search in DiVA

Show all publications