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Author: Alessandro Arbo

Abstract

The cases of copyright infringement that occasionally crop up in the world of music raise many interesting questions: what do we mean when we talk about the identity of a musical work and what does such an identity involve? What in fact are the properties that make it something worth protecting and preserving? These issues are not only of legal relevance, they are central to a philosophical discipline that has seen considerable advances over the last few decades: musical ontology. Taking into account its main theoretical models, this essay argues that an understanding of the ontological status of musical works should acknowledge the irreducible ambivalence of music as an “art of the trace” and as a “performative art.” It advocates a theory of the musical work as a “social object” and, more specifically, as a sound artefact that functions aesthetically and which is based on a trace informed by a normative value. Such a normativity is further explored in relation to three primary ways of conceiving and fixing the trace: orality, notation and phonography.

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In: The Normativity of Musical Works: A Philosophical Inquiry
Author: Gianmaria Ajani

Abstract

The advent of Artificial Intelligence as an “autonomous author” in the various modes of Arts urges the law to rethink the traditional concepts of authorship, originality, and creativity. AI-generated artworks are in search of an author, so to speak, because current copyright laws only offer the solution of the public domain or fragile regulatory mechanisms. Several adjustments have globally led copyright laws to cover new forms of authorship as well as new sorts of works. Yet, the romantic idea of a lone individual as the master of creativeness still influences theoretical elaborations and normative choices. Throughout the 20th century, visual artists have been posing persistent challenges to the law: conceptual art and dematerialization have favored legal mechanisms alternative to copyright law. The case of AIart is, however, different: for the first time, the art world is discovering the perspective of an art without human authors. Rather than preserving the status quo in the legal world, policy makers should consider a reformative conception of AI in copyright law and take inspiration from innovative theories in the field of robot law, where new frames for a legal personhood of artificial agents are proposed. This would also have a spill-over effect on copyright regulations.

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In: Contemporary Artificial Art and the Law
Author: Barbara Pasa

Abstract

The complex nature of industrial design, which combines functional and aesthetic elements, allows for different modes of protection, with cumulative, separate or partially overlapping regimes applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. Over the last decade, the national courts of some Member States construed the “cumulative regime” with a peculiar meaning, while other courts enforced design rights in line with the interpretation given by the Court of Justice of the European Union. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the borderline between art and science. Other challenges which will need to be confronted urgently over the coming years are also raised.

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In: Industrial Design and Artistic Expression

Abstract

Photography was invented in the mid-nineteenth century, and ever since that moment painters have been asking what they are there for. Everyone has their own strategy. Some say they do not paint what is there, but their impressions. Others paint things that are not seen in the world, and therefore cannot be photographed, because they are abstractions. Others yet exhibit urinals in art galleries. This may look like the end of art but, instead, it is the dawn of a new day, not only for painting but – this is the novelty – for every form of art, as well as for the social world in general and for industry, where repetitive tasks are left to machines and humans are required to behave like artists.

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In: From Fountain to Moleskine