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Author: Angela Condello

Abstract

What is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present book engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are “produced” or “promoted” as exemplary (for strategic reasons, like in law). I argue that approaching normativity in art and law from the perspective of the singular case also illustrates the theoretical importance of interdisciplinary legal scholarship, since the singularity creates room for extra-legal values to emerge as legitimate demands, desires, needs.

In: Between Ordinary and Extraordinary
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.

In: Contemporary Artificial Art and the Law

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.

In: From Fountain to Moleskine
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.
This book proposes to investigate the arts from the inside, namely to consider, first and foremost, what artists do to create their works in order to proceed fruitfully in the direction of their evaluation and explanation. To this end, it develops a philosophical inquiry that examines the ground zero of the arts, their common foundations, namely the rules for artistic creation, the processes that involve artists in their activities, the forms that they can or cannot achieve. This proposal and its outline for a rule-based ontology of the arts addresses four themes: the relationship between human nature and artistic practices, the features of art-making, the conception of artworks as structures, and the social nature of the arts.
In: Imago Decidendi
Author: Peter Goodrich
Taking as its exemplum the use of images in judicial decisions, this article argues that the ratio decidendi of legal precedent should be supplemented with the imago decidendi, the figure or depiction that motivates judgment. Drawing upon the history of legal humanism, and particularly the tradition of juristic emblems, it is argued that an adequate understanding of case law rules and decisions requires attention to the imagery that conceives and propels the reasoned deliberation that follows. To adequately apprehend the transmission of law in a digital age requires acknowledging that images think differently, that the ambulation of the eye in the image is very different to the linear glance of the text.
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.

In: Industrial Design and Artistic Expression
Author: Thomas Dreier

Abstract

Law and images are generally regarded as two separate areas. Yet, in many ways law and images intersect, such as when legal rules try to control the production, dissemination and consumption of images, and when law is the subject of images. In parallel to the well-established “law and literature”, the paper attempts to connect two fields of research, law studies and visual studies, that are usually disjointed, and it outlines what could be an area of interdisciplinarity research labelled “law and images”. The article explains how images work to the readers not familiar with visual sciences, and how normative prohibitions and commandments function to readers not familiar with law studies. In addition, the article provides a survey of the different issues raised when studying the complex relationship between law and images.

In: Law and Images
The aim of this essay is to analyse TV series from the point of view of philosophical aesthetics. Aiming to show how philosophy may contribute to “seriality studies”, Andrzejewski and Salwa focus on seriality as a factor which defines the structure of TV series, their aesthetic properties, as well as their modes of reception. TV series have been studied within media theory and cultural studies for quite a long time, but they have been approached mainly in terms of their production, distribution, and consumption across various and changing social contexts. Following the agenda of philosophical aesthetics Andrzejewski and Salwa claim instead seriality implies a sort of normativity, i.e. that it is possible to indicate what features a television show has to have in order to be a serial show as well as the manner in which it should be watched if it is to be experienced as a serial work.