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1 results

  • 7 - Know Your Audience

  • from Part III - Using Neuroscience to Improve Intellectual Property Law
  • Mark Bartholomew
  • Book:
    Intellectual Property and the Brain
    Published online:
    14 July 2022
    Print publication:
    28 July 2022, pp 153-167

  • Summary

    Copyright’s test for infringement takes a uniform approach to aesthetics by treating all audiences and modalities of creative expression the same. We now know that this is not how aesthetic judgment works. The chapter describes how the law can be reformed to take differences in audiences and artistic media into account. The chapter also responds to potential objections to the use of neuroaesthetics in this legal context. A better understanding of how audiences perceive art, if implemented in the right manner, can help protect both economic and non-economic values embedded in copyright law in a more transparent way.