The Conundrum of Olfactory Art

By Julia Gaffney* 

Could you describe, in words, the smell of fresh-baked bread? How about a complex smell, like a cabin in the woods? How would you distinguish the smell of rosemary from roses? It can be surprising how hard it is to describe a smell through language. Many people have never practiced the skill of translating olfactory stimulation into language, and might describe a scent through associative memories instead of describing the scent itself. This difficulty, among other reasons, contributes to scents often being absent from social discourse, as well as legal discourse.

Recently, new technological developments have prompted renewed interest in legal protection of scents through intellectual property laws. At the same time, however, artists have been undertaking new experimentation with scent-based artworks, known as “olfactory art.” These artworks challenge our olfactory senses, encouraging us to re-engage our sense of smell or connect it with other modes of perception such spatial perception. As lawmakers consider extending legal protections to scents, such discussions might consider expressive interests as well and strike a balance between allowing room for artistic experimentation and protecting intellectual property rights.