Taiwan Supreme Court Says Porn Not Covered By Copyright
Taiwan Supreme Court Says Porn Not Covered By Copyright
The awkward question of whether porn can be covered by copyright (and not much else, amirightgents?) has been debated a time or two on this side of the world. In 2011, some discussion revolved around the protection of "obscene materials," namely the protection extended to porn by the Fifth Circuit Court in a 1979 case involving a porn producer and a chain of adult theaters. This decision was cited in a lengthy footnote appended to a lawsuit filed by Liberty Media against 18 John Does.
In 2012, the argument was made that pornography doesn't "promote progress," therefore it should not be entitled to copyright protection. This particular argument is a rather dangerous one (and composed almost entirely of slope grease) as it puts the extension copyright protection in the hands of the court and allows it to determine whether a piece of erotica is art or "just porn." (The case was closed before this conversation could really get started.)
On the other side of the world, Japanese porn producers are finding themselves battling this very argument.
http://www.techdirt.com/articles/20130325/18373422460/taiwan-supreme-court-says-porn-not-covered-copyright.shtml
Firing up the pirate bay and setting sail with captain morgan, destination: Taiwan.