Why Copyright DNA?

This question has been asked for years by businesses, attorneys, politicians, and scholars, and from their standpoint there is no compelling business reason for anyone, especially a company, to want a DNA copyright. But that was because no one considered the impending possibility of Cloning...

In the 1960's the concept of human cloning was accepted as a possibility among the general educated population, but the science behind this concept was not available. Over the following forty years cloning has become conceptually understandable, and technologically more and more possible. Recent developments in the last decade, such as the cloning of Dolly the Sheep, as well as of other farm and lab animals, guarantee that one day in the not too far future, attempts at human cloning will be made. To prove this point, in 2001 several groups of scientists announced they would be setting up a company to clone humans for a substantial fee.

Once human cloning is possible, or near-possible, the probability of DNA theft will increase exponentially. People will of course want to clone themselves, but more probable is their desire to clone someone else, most likely someone extremely attractive, intelligent, or famous. In other words: athletes, models, actors, celebrities, scientists, and successful business persons.

Here is a fact: The NFL used DNA technology to tag all of the Super Bowl XXXIV balls, ensuring their authenticity for years to come and helping to combat the growing epidemic of sports memorabilia fraud. The footballs were marked with an invisible, yet permanent, strand of synthetic DNA. The DNA strand is unique and is verifiable any time in the future using a specially calibrated laser. A section of human genetic code taken from several unnamed Australian athletes was added to ink used to mark all official goods everything from caps to socks from the 2000 Summer Olympic Games. The technology is used as a way to mark artwork or one-of-a-kind sports souvenirs. http://www.ornl.gov/hgmis/elsi/forensics.html

Here is the very near future:

• Imagine the biggest Tom Cruise fans around the world, fighting over the chance to procure his drinking glass for the possible DNA samples, or attempting to shake his hand so they can casually scratch a bit of epidermis in a DNA collection sortie.
• Imagine the sale and resale of not only this DNA, but embryos and other mish-mash made from this DNA in both legal and illegal labs.
• Imagine 18 Claudia Schiffers and 7 Vanessa Williams competing in the regional baby beauty pageant.
• Imagine that physically-gifted children begin appearing as couples decide that the latest super-athlete would make a better progeny than their own.
• Imagine you suspect that someone has utilized your or your client's DNA in an authorized fashion, but have not begun the process that allows you to prove and claim it.

If you can imagine these scenarios, all based on simple commerce and human desire, then you can imagine the need for DNA Copyrights.