Biotech 3DP Digital Watermarking: An ‘uncanny valley’ in the Prosthetic State

Abstract

Digital watermarking, a means by which to insert identifying marks, may allow the State to control the human biotech body. This is currently subject to the ‘uncanny valley.’ The ‘uncanny valley’ is the notion that a robot or other computer generated work looks nearly identical to a human being, enough to cause a feeling of revulsion in a human being viewing it. This chapter argues that with regard to 3DP biotech works, works that bear a resemblance to the human body that fall within the ‘uncanny valley’ may also fail to gain copyright protection. It is further argued that because of this, these 3DP biotech works will not gain the additional legal protection for digital watermarks, because this protection often requires a copyright work. Whilst digital watermarks pose new dangers in terms of the boundary between State and individual, potentially leading to a Prosthetic State, it is also argued that these marks guarantee the continued lifetime quality of a 3DP biotech print, surveillance and traceability. The chapter therefore argues a two pronged set of reforms: firstly, to ensure copyright protection for those works which fall within the ‘uncanny valley’ and secondly, to provide sui generis protection for digital watermarks, but with clear demarcations between the State and the individual.