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Bonadio, Enrico; Lucchi, Nicola --- "Copyright and pornography" [2018] ELECD 880; in Bonadio, Enrico; Lucchi, Nicola (eds), "Non-Conventional Copyright" (Edward Elgar Publishing, 2018) 418

Book Title: Non-Conventional Copyright

Editor(s): Bonadio, Enrico; Lucchi, Nicola

Publisher: Edward Elgar Publishing

ISBN: 9781786434067

Section: Chapter 20

Section Title: Copyright and pornography

Author(s): Bonadio, Enrico; Lucchi, Nicola

Number of pages: 14

Abstract/Description:

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 the US, the 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.