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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
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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
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.

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

Abstract

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: The Ground Zero of the Arts: Rules, Processes, Forms
In: Imago Decidendi
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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
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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

Abstract

The aim of the article is to analyse seriality from the point of view of philosophical aesthetics. Such an approach reveals that seriality has a normative character that is often overlooked by other disciplines. Seriality is unanimously considered to be one of the most characteristic traits of contemporary popular culture, but the field where it currently comes to the foreground is TV series. They have been studied within media theory and cultural studies for quite a long time, but they have been analysed mainly in terms of their production, distribution, and consumption across various and changing social contexts. Aiming to show how philosophy may contribute to “seriality studies”, the authors follow the agenda of philosophical aesthetics and conceive of seriality as a factor which defines the structure of TV series, their aesthetic properties, as well as their modes of reception. They claim that seriality is normative as 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.

In: Law and TV Series
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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.

In: The Normativity of Musical Works: A Philosophical Inquiry