Old Town Road of Copyright's Subject Matter and Aesthetics

Abstract

The paper refers to the most discussed and controversial element of the copyright’s legal system: the definition of subject matter and its interpretation. Inspired by some post-modern aesthetics theories, the aim of the paper is to open a discussion in respect to the notion of work in copyright and its impact on art and every-day life. The first part of the paper presents a brief analysis of copyright’s struggles with its subject matter, followed than with an analysis of contemporary trends in aesthetics, in particular the functional and the institutional definition of art. The second part provides examples of manifestations and similarities between legal system and modern aesthetical concepts. Finally, the author considers whether - and if so, to what extent - the implementation of new aesthetic approaches could be helpful in the system of copyright.