Know It When I See It

'Copyright and Pornography' by Enrico Bonadio and Nicola Lucchi in Bonadio and Lucchi (eds), Non-Conventional Copyright - Do New and Atypical Works Deserve Protection? Elgar, 2018) 418-431 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 US, 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.